History of the Hawaiian Government Reorganization bill (Akaka bill) from July 1, 2011 to October 23, 2011. July 6 Hawaii Governor Abercrombie holds a signing ceremony at Washington Place (private home of overthrown Queen Liliuokalani) for SB1520, a bill to begin the process of creating a state-recognized tribe for ethnic Hawaiians. The bill is now known as Act 195. John Carroll, a strong opponent of Akaka bill, announces his candidacy for U.S. Senate and will be opposed in the Republican primary election by ex-governor Linda Lingle who supports the bill.

INDEX OF NEWS REPORTS AND COMMENTARIES; FULL TEXT OF EACH ITEM IS BELOW THE INDEX IN CHRONOLOGICAL ORDER

July 1, 2011: "The Hawaii Independent" (a secessionist online newspaper) reports that Governor Abercrombie will hold a signing ceremony on Wed. July 6 for SB1520, the bill that creates a state-recognized tribe for ethnic Hawaiians.

July 4: "The Molokai Dispatch" reports that Governor Abercrombie will hold a signing ceremony for SB1520, the bill that creates a state-recognized tribe for ethnic Hawaiians.

July 6: (1) Kaua'i newspaper reports "Hawaiian group to protest Native Hawaiian bill signing"; (2) The Guardian newspaper of London published strong protest against the signing of SB1520, written by a professor at Wesleyan University (Connecticut) who is a Hawaiian secessionist; (3) Associated Press news report before the signing of SB1520 was published in Honolulu Star-Advertiser and many other newspapers and magazines, including "The Republic"; (4) "Canada Views" publishes Senator Akaka's press release ahead of the signing of SB1520, including 4 brief "radio" comments; (5) The first news report published after the signing ceremony was by Associated Press and published in the Albany (New York) Times-Union; (6) Local Honolulu Star-Advertiser version of the AP news report replaced the earlier version; (7) Hawaii News Now (KGMB TV and KHNL TV) provides detailed news report of signing ceremony including comments from supporters and opponents of SB1520.
** NOTE: See the webpage "Hawaii begins to create a state-recognized tribe. SB1520 passed the legislature on May 3, 2011. Why did they do it? What happens now?" which includes full text of the bill, news reports from April and May, and commentary by Ken Conklin.
http://www.angelfire.com/big09/SB1520StateRecognizedTribe.html

July 7: 3 different news reports about signing of bill to establish an ethnic Hawaiian tribe: (1) Hilo newspaper points out that tribal membership does not require Hawaii or U.S. citizenship; (2) Honolulu Star-Advertiser has lots of detail about the process by which the bill passed and the process by which it will be implemented; (3) Honolulu Civil Beat (online) gives a sentimental report.

July 8: Letter to editor says there was no need for SB1520, and Malama Solomon's statement about ethnic Hawaiians never yet being equal is politically and economically false.

July 9: Online poll by Honolulu Star-Advertiser 23% Yes and 77% No to question "Will the new state law recognizing Hawaiians as the only indigenous people of the islands help advance the sovereignty Akaka Bill in Congress?"

July 11: (1) Honolulu Star-Advertiser editorial celebrates signing of Act 195 to begin creating a state-recignized tribe; (2) Letter from ethnic nationalist says "Act 195 represents a form of ethnocide and continued violation of the right to self-determination and mandates for decolonization as stipulated in the United Nations Charter (to which the U.S. is a founding party). Hawaiian nationals demand justice, not lopsided, self-serving, meaningless platitudes and schemes like Act 195."

July 12: (1) Ken Conklin, in Hawaii Reporter, describes an informational briefing in the legislature, a week after Act 195 was signed, as the first round in a divorce proceeding where the husband's assets are being explored in order to prepare for property division and alimony; (2) Frank Scott in Hawaii Reporter describes the historical inappropriateness of Act 195 and the confusion it will create; (3) Letter in Honolulu Star-Advertiser says it's false to claim that Act 195 makes ethnic Hawaiians truly equal.

July 17: (1) News report says Governor wants nominees for the Native Hawaiian Roll Commission, and describes the requirement for membership in a cultural organization as making it not racial but political; (2) Letter encourages ethnic Hawaiians to register and vote in a November 2011 election for officers of a sovereignty independence group called "Reinstated Hawaiian Government"

July 31: Commentary by Colette Machado, Chair of OHA, cites July 31, 1843 restoration of sovereignty by England to Hawaii, linking it to adoption of Act 195 and to future passage of the Akaka bill.

August 1, 2011: OHA monthly newspaper has three items related to the new state law recognizing an ethnic Hawaiian tribe and how that will help get the Akaka bill passed: (1) Short statement by OHA CEO Clyde Namu'o; (2) Lengthy news report about the signing ceremony; (3) Trustee Peter Apo's monthly editorial discusses whether the tribe will welcome ethnic Hawaiians living outside Hawaii, whether the tribe will accept people with no native blood who are descendants of Kingdom subjects, and how the tribe will get revenue if the ali'i trusts do not reorganize outside the state's jurisdiction and into the tribe.

Aug 2: (1) Letter by Dick Rowland, head of Grassroot Institute, rebuts Colette Machado's commentary of July 31 and says it's a bad idea to turn ethnic Hawaiians into wards of the state or federal government; (2) News report describes visit to Molokai by Henry Noa, head of a reinstated nation of Hawaii, who opposes the Akaka bill because Hawaiians are entitled to full sovereign independence.

Aug 13: Letter by Garry Smith in response to Colette Machado's commentary of July 31 says "Dividing up the citizens of Hawaii by race for special benefits to some is hardly something Abercrombie should be proud of."

Aug 18: During the Congressional August recess, Senator Akaka held a Senate Committee on Indian Affairs hearing on Maui to host a discussion of self-sufficiency, with tribal leaders from three other states plus several ethnic Hawaiians who are leading the push for the Akaka bill (including Robin Danner).

Aug 19: Ken Conklin article says that OHA, and the Act 195 state-recognized tribe, and any future Akaka tribe, are agents of the state and federal governments and therefore cannot keep their expenditures secret and cannot have racially restricted memberships or elections. That's because they had no prior existence and are merely agencies of the federal and state governments who create them, as opposed to genuine tribes which existed first and were then recognized.

Aug 20: Letter responds to Garry Smith letter of Aug 13 by saying the Act 195 recognition bill is a small step toward a long-delayed justice for the overthrow of the monarchy in 1893.

Aug 24: Text of Senator Akaka's speech at 10th annual convention of the Council for Native Hawaiian Advancement

September 1, 2011: OHA trustee Haunani Apoliona notes that on July 6, 1887 King Kalakaua signed the Bayonet Constitution, and on July 6, 2011 Governor Abercrombie signed SB1520 = Act 195. Apoliona also lists all the Hawaiian Civic Clubs on the mainland.

September 9: Governor Abercrombie appointed the five members of the Roll Commission to identify "qualified" ethnic Hawaiians and create a membership list for the new state-recognized tribe authorized by SB1520/Act195 -- 3 news reports supplement each other with various details.

October 5: (1) John Carroll, Republican primary election candidate for U.S. Senate to replace retiring Senator Akaka, issues press release which includes his opposition to the Akaka bill; (2) The "Lawful Hawaiian Government" (a sovereignty independence group) publishes a commentary in a Molokai newspaper opposing the implementation of Act 195 to create a state-recognized tribe.

Oct 11: Ex-governor Linda Lingle announces her candidacy for the Republican nomination for U.S. Senate, and John Carroll, who announced his candidacy a month previously, challenges her to debate the Akaka bill and the Jones Act.

Oct 19: Honolulu Civil Beat online newspaper feature article asks whether Linda Lingle, if elected to the Senate, could get the Akaka bill passed even though Dan Akaka himself was unable to get the bill passed for the 12 years the bill has been in Congress. Ken Conklin's online comment says the Akaka bill is the most dangerous piece of federal legislation ever to threaten the State of Hawaii, far outweiging all other issues; and the fact that Lingle is a Republican could make her more effective in getting the Republicans to stop blocking the bill; therefore Conklin urges people to vote for whatever Democrat is running against her.

HONOLULU—Next week, Gov. Neil Abercrombie will be holding a bill signing ceremony for Senate Bill 1520, which the governor says will significantly improve protection of cultural rights, “ceded lands” and other entitlements, advance self-governance, and heal the “kaumaha”—the heaviness or sorrow.

Specifically, the bill establishes a five-member Native Hawaiian roll commission in the Office of Hawaiian affairs for administrative purposes to prepare and maintain a roll of qualified Native Hawaiians. The commission will publish the roll to facilitate commencement of a convention for the purpose of organization. The governor of Hawaii is required to dissolve the commission after publication of the roll.

The bill signing ceremony will occur at Washington Place, former home of Queen Liliuokalani, on Wednesday, July 6 at 2:00 p.m.

The governor said the bill is intended to move in concert with the efforts by Senator Daniel Akaka and Hawaii‘s Congressional Delegation to achieve federal recognition of Native Hawaiians via the Akaka Bill.

The bill, which passed with only one “No” vote (from Republican Sen. Sam Slom) out of 76 legislators on May 3, 2011, is seen as an act of “reciprocal healing recognizing Hawaiians as equal partners, rather than a conquered people,” said Sen. Malama Solomon, who was the bill’s chief negotiator in securing passage. She worked closely with Sen. Donovan Dela Cruz and members of the joint conference committee to finalize the measure. Members of the joint conference committee on Hawaiian Affairs included: Senate Chair Brickwood Galuteria, co-chairs Sen. Clayton Hee and Sen. David Y. Ige, Sen. Gil Kahele, Sen. Malama Solomon, House co-chairs Rep. Faye Hanohano and Rep. Gilbert Keith-Agaran, Rep. Chris Lee and Rep. Blake Oshiro.

“Every generation of Native Hawaiians since the overthrow of the Hawaiian Kingdom in 1893 has struggled with not legally being recognized as equals,” Solomon said in a statement. “So many have given so much; many have fought in World War I, World War II, Korea and Vietnam—some losing their lives—for a country that doesn’t recognize them. ... While much has been done including the creation of the Hawaiian Homes Commission Act in 1921, formation of the Office of Hawaiian Affairs in 1978, and the signing of the ‘Apology Resolution’ by President William Clinton in 1993, we are still not equals in our own land.”

When signed into law, the measure adds a new chapter to the Hawaii Revised Statutes, which would establish a process for Native Hawaiians to organize themselves.

“Hawaiians are very different from the American tribes; we had a kingdom that was recognized by the United States and many other nations around the world before the overthrow,” Solomon said. “Many of us today are directly connected to this history and heritage through our parents, grandparents, and great grandparents. This new law will begin the healing.”

The bill specifies how individuals shall be nominated for consideration for the commission, and requires that each of the four counties be represented, with the fifth individual serving at-large. Funding to facilitate the activities of the Native Hawaiian Roll Commission will be provided by the Office of Hawaiian Affairs.

A 118-year-old deep-rooted obligation to formally recognize Native Hawaiians as “the only indigenous, aboriginal, maoli people of Hawaii” will take a major step forward when Gov. Neil Abercrombie signs Senate Bill 1520 into law on Wednesday, July 6, 2011.

The law will significantly improve protection of cultural rights, ceded lands and other entitlements, advance self-governance and heal the “kaumaha” – the heaviness or sorrow. When signed into law, the measure adds a new chapter to the Hawaii Revised Statutes, which would establish a process for Native Hawaiians to organize themselves.

“This new law recognizes Hawaiians as equal partners and sets out a procedure to organize ourselves that is very grassroots driven,” said Sen. Malama Solomon, who was the bill’s chief negotiator in securing passage. “The power will percolate up from the community, not top down. It establishes a process to let Hawaiians set forth their goals and desires to define themselves…This is what ‘sovereignty’ means.”

"Every generation of Native Hawaiians since the overthrow of the Hawaiian Kingdom in 1893 has struggled with not legally being recognized as equals,” Solomon said. “So many have given so much; many have fought in World War I, World War II, Korea and Vietnam – some losing their lives – for a country that doesn’t recognize them. While much has been done including the creation of the Hawaiian Homes Commission Act in 1921, formation of the Office of Hawaiian Affairs in 1978, and the signing of the ‘Apology Resolution’ by President William Clinton in 1993, we are still not equals in our own land,” she said.

It is intended to move in concert with the efforts by Senator Akaka and Hawaii‘s Congressional delegation to achieve federal recognition of Native Hawaiians. It is a commitment to acknowledging and recognizing the first people of Hawaii, while preserving the diversity that has made Hawaii home to so many.

“Hawaiians are very different from the American tribes; we had a kingdom that was recognized by the United States and many other nations around the world before the overthrow,” Solomon continued. “Many of us today are directly connected to this history and heritage through our parents, grandparents and great grandparents. This new law will begin the healing.”

The new law will require the governor within 180 days to appoint a five-member Native Hawaiian Roll Commission within the Office of Hawaiian Affairs for administrative purposes. Funding to facilitate the activities of the Native Hawaiian Roll Commission will be provided by the Office of Hawaiian Affairs.

“We are deeply grateful to Gov. Abercrombie for his courage and commitment to empower the Kanaka Maoli to fulfill their hopes and dreams for self-governance,” Solomon said.

--------------------

** NOTE: See the webpage "Hawaii begins to create a state-recognized tribe. SB1520 passed the legislature on May 3, 2011. Why did they do it? What happens now?" which includes full text of the bill, news reports from April and May, and commentary by Ken Conklin.
http://www.angelfire.com/big09/SB1520StateRecognizedTribe.html

LIHU‘E — A group of Native Hawaiians has announced a four-hour protest today in Honolulu, opposing a bill they say would “try to revive and jump-start the now defunct Akaka Bill.”

Gov. Neil Abercrombie is scheduled today to sign into law Senate Bill 1520, establishing a five-member Native Hawaiian roll commission in the Office of Hawaiian Affairs to prepare and maintain a roll of qualified Native Hawaiians, according to a state press release.

“Hawaiian Nationals and supporters of a Free Hawai‘i” announced Tuesday through a press release they will hold a public demonstration today in Honolulu from 12 to 1 p.m. at Lili’uokalani Statue, and from 1 to 4 p.m. in front of Washington Place to protest Abercrombie’s signing of SB 1520.

“Hawaiian Nationals and many other Hawai‘i residents adamantly opposed the Akaka Bill and successfully fought for 10 years to stop its passage in Washington (D.C.),” Committee of Hawaiian Nationals spokesperson Leon Siu said in a press release. “SB 1520 represents a desperate ‘back door’ tactic to accomplish what the Akaka Bill failed to do.”

Siu said the committee is made of a group of people who have opposed to the Akaka Bill and advocate the return of the Hawaiian Kingdom.

“The Committee of Hawaiian Nationals is part of a network of several groups that are similar to us,” he said.

The Akaka Bill was introduced in 2000 by Sen. Daniel Akaka, D-Hawai‘i. The bill passed through several versions until it was ultimately defeated in 2010. It was supposed to give Native Hawaiians federal recognition similar to Native American Indian tribes.

Siu said the Akaka Bill was designed to form a native-Hawaiian-American-tribe to ostensibly ‘protect’ Native Hawaiian entitlement programs from constitutional challenges.

“We are not a tribe, we are a sovereign, independent nation,” Kai‘opua Fyfe of the Koani Foundation said in the committee’s release. “Expect strong, vigorous opposition from Hawaiians at every step as the state attempts to implement this grotesque Akaka Bill agenda.”

Abercrombie is expected to sign SB 1520 at 2 p.m. at Washington Place, the home of Hawai‘i’s last monarch, Queen Lili‘uokalani, “from whom the Hawaiian Kingdom was unjustly and illegally taken,” Siu said in the committee’s release. Abercrombie’s bill-signing at Lili‘uokalani’s former home adds insult to injury, he said.

“Not only are state officials plotting to further oppress our people and subdivide our nation, they plan the ultimate insult — to kick it off from our Queen’s home on her own lanai,” Hawaiian National, Pomaikaiokalani Kinney said in the release.

Another Hawaiian National, Pilipo Souza, said, “Like Abercrombie’s inauguration at ‘Iolani Palace, this is an affront to those of us whose nation was stolen.”

The state and federal governments intend to use this Native American tribal designation to “underhandedly quash Hawaiian Nationals’ rightful claim to the sovereign jurisdiction and lands of the stolen Hawaiian Kingdom,” Siu said in the release.

http://www.guardian.co.uk/commentisfree/cifamerica/2011/jul/06/hawaii-akaka-bill
The Guardian (London)
About this article
This article was published on guardian.co.uk at 19.30 BST on Wednesday 6 July 2011. [Presumably it will be in the print edition on July 7]

The stolen sovereignty of Hawaii's indigenous people
The 'Akaka bill' is a US colonial device to ratify the robbery of the Kanaka Maoli people's rights by the 1893 coup. We do not assent

by J Kēhaulani Kauanui [Professor, Wesleyan University, Connecticut]

On Wednesday 6 July 2011 at 2pm HST, Hawaii Governor Neil Abercrombie will sign SB1520 – a scam built to undercut the restoration of the Hawaiian Nation under international law – into law. This recently passed state legislation by the name of the "First Nation Government Bill" will authorise a process for the creation of a "Native Hawaiian governing entity". Adding insult to great injury, this disgrace will take place at Washington Place in Honolulu, the residence of former Hawaiian monarch, Queen Lili'uokalani, who was overthrown by a US-backed coup in 1893.

This legislation is the state version of federal legislation, which had been repeatedly proposed and defeated in U.S Congress throughout the last decade, known as the Native Hawaiian Government Reorganisation Act, and dubbed "the Akaka bill" (named after Democratic US Senator Daniel Akaka). The Akaka bill, and the new state version of it, was pushed by a powerful Hawaiian organisation, the Council for Native Hawaiian Advancement, and two key Hawaii state agencies, the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands. It is supposed to represent self-determination for Native Hawaiians, but nothing could be further from the truth.

From the start, Hawaii's congressional delegation attempted to ram through the bill despite massive opposition to it among the Kanaka Maoli (indigenous Hawaiian) people whom it affects first and foremost. The delegation held just one five-day hearing, back in 2000, on the bill since its inception, and only on the single island of O'ahu. Although there was overwhelming opposition to the bill, the delegation reported quite the opposite to Congress. The federal version of the legislation proposed that the US government recognise a "Native Hawaiian governing entity" that was to be certified by the US Department of the Interior in conformity with US federal law and practice regarding Native American tribal nations.

For independence activists who advocate for the restoration of a Hawaiian nation under international law, the entire bill was a farce since the historical harm the United States first committed in Hawai'i in 1893 – by backing an illegal coup – brought down not a Native Hawaiian governing entity, but the Hawaiian Kingdom government, an independent state comprising Kanaka Maoli and non-indigenous subjects. Consequently, the Kanaka Maoli people and other descendants of Hawaiian Kingdom citizens have, since that time, accumulated fundamental political and other claims against the United States under international law. These the United States must recognise rather than hope to dispel via the enactment of state-driven proposals.

While the state version does not authorise a "nation to nation" relationship between the US federal government and a Native Hawaiian governing entity, the First Nation government legislation (like the federal version) is a bogus trap. The new law sets up a commission to produce a "Native Hawaiian roll", where Kanaka Maoli sign on to take part in the formation of the First Nation within the state process – the first time there would be any documented evidence of acquiescence to the US government or its subsidiaries.

Protesters will be there today to protest the supposed surrender of the Hawaiian Nation to the United States of America, as the trustees of the Office of Hawaiian Affairs and other state agents take position to transition into the new First Nation. Those Kanaka Maoli and other Hawaiian nationals will be holding signs with declarations such as "Hell no, we won't enroll" – punctuated by "and neither would the Queen".

** Identical article also posted in many other newspapers and magazines papers nationwide, such as "The Republic" at
http://www.therepublic.com/view/story/be89e61a276a4a35978ddec736c3d72a/HI--Native-Hawaiians/

Governor to sign bill giving recognition to Native Hawaiians

By Associated Press

Gov. Neil Abercrombie is expected to sign a bill into law Wednesday recognizing the first people of Hawaii and laying the foundation for Native Hawaiians to establish their own government.

The bill signing ceremony is to take place Wednesday afternoon at Washington Place, which was the home of Queen Liliuokalani, the last monarch of the Hawaiian Kingdom.

“Every generation of Native Hawaiians since the overthrow of the Hawaiian Kingdom in 1893 has struggled with not legally being recognized as equals,” said Sen. Malama Solomon, D-Hilo-Honokaa. “The new law recognizes Hawaiians as equal partners and sets out a procedure to organize ourselves that is very grass-roots driven.”

The bill, formally recognizing Native Hawaiians as the only “indigenous, aboriginal, maoli people of Hawaii,” passed the Legislature with only one “no” vote in May.

Native Hawaiians are the last remaining indigenous group in the United States who haven’t been allowed to establish their own government, a right already extended to many Alaska Natives and Native American tribes. Federal legislation for Hawaiian recognition hasn’t passed despite more than a decade of efforts by U.S. Sen. Daniel Akaka, D-Hawaii.

The new law will require the governor within 180 days to appoint a five-member commission responsible for creating a roll of qualified Native Hawaiians interested in participating in their government. Those eligible for the commission include Native Hawaiians and others who have maintained significant cultural, social or civic connections to the Native Hawaiian community.

Meanwhile, some Native Hawaiians planned to protest to the bill signing.

They call the bill a “back door” tactic to accomplish what Akaka’s bill failed to do at the federal level. They believe the bill is the government’s way of undermining Native Hawaiian sovereignty.

“We are not a tribe, we are a sovereign, independent nation,” said Kaiopua Fyfe of the Koani Foundation.

There are about 400,000 Native Hawaiians in the world, with about half of them living in Hawaii.

WASHINGTON, D.C. – United States Senators Daniel K. Akaka, Chairman of the Indian Affairs Committee, and Daniel K. Inouye, Chairman of the Appropriations Committee, issued the following statements today on Governor Neil Abercrombie’s signing of State of Hawaii SB 1520:

Senator Akaka said: “The enactment of this bill is yet another example of Hawaii’s ongoing desire to recognize the unique contributions and traditions of the Native people in our state. Native Hawaiian values shape our sense of identity, our sense of aloha for one another, and our sense of what is pono, what is just. This new law complements our efforts in Congress and demonstrates that the people of Hawaii strongly support the right of Native Hawaiians to reorganize and perpetuate their culture and way of life.”

Senator Inouye said: “The passage of this bill by the Legislature and enactment by the Governor will aid our efforts in Washington to recognize the self-determination rights of Native Hawaiians. This parallel course demonstrates a measure of support by the people of Hawaii for the recognition of the native people of this land and will facilitate their efforts toward self-governance. It is right, just, and long overdue.”

Senators Akaka and Inouye were originally scheduled to attend today’s bill signing in Honolulu, but stayed in Washington, D.C. due to Senate business involving ongoing debt ceiling negotiations.

Chairman Akaka’s Native Hawaiian Government Reorganization Act, which would extend parity in federal recognition to Native Hawaiians, was approved by the U.S. Senate Indian Affairs Committee in April.

HONOLULU (AP) — A new state law recognizes the first people of Hawaii and lays the foundation for Native Hawaiians to establish their own government.
Gov. Neil Abercrombie signed the bill into law Wednesday afternoon at Washington Place, which was the home of Queen Liliuokalani, the last monarch of the Hawaiian Kingdom.

"We sit here today in her memory, her honor," Abercrombie said during a ceremony on the home's veranda, punctuated with Hawaiian chanting and hula. The law comes 118 years after Liliuokalani was deposed.

"Every generation of Native Hawaiians since the overthrow of the Hawaiian Kingdom in 1893 has struggled with not legally being recognized as equals," said Sen. Malama Solomon, D-Hilo-Honokaa. "The new law recognizes Hawaiians as equal partners and sets out a procedure to organize ourselves that is very grass-roots driven."

The bill, formally recognizing Native Hawaiians as the only "indigenous, aboriginal, maoli people of Hawaii," passed the Legislature with only one "no" vote in May.

Native Hawaiians are the last remaining indigenous group in the United States who haven't been allowed to establish their own government, a right already extended to many Alaska Natives and Native American tribes. Federal legislation for Hawaiian recognition hasn't passed despite more than a decade of efforts by U.S. Sen. Daniel Akaka, D-Hawaii.

"This sends a clear message to the federal government to endorse the recognition of Native Hawaiians," said Colette Machado, chair of the Board of Trustees for the Office of Hawaiian Affairs. "Our goal at OHA is for federal recognition."

The new law complements efforts in Congress and "demonstrates that the people of Hawaii strongly support the right of Native Hawaiians to reorganize and perpetuate their culture and way of life," Akaka said in a statement.

The governor is to appoint a five-member commission responsible for creating a roll of qualified Native Hawaiians interested in participating in their government. Those eligible for the commission include Native Hawaiians and others who have maintained significant cultural, social or civic connections to the Native Hawaiian community.

Before and during the ceremony, a group of about two dozen from various Native Hawaiian organizations protested outside the gates of Washington Place and across the street at the state capitol building.

They call the law a "back door" tactic to accomplish what Akaka's bill failed to do at the federal level. They believe the government has no power over Native Hawaiian sovereignty.

There are about 400,000 Native Hawaiians in the world, with about half of them living in Hawaii.

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http://www.staradvertiser.com/news/breaking/Governor_signs_bill_giving_recognition_to_Native_Hawaiians.html
Honolulu Star-Advertiser, Wednesday July 6, 2011, posted as breaking news sometime after 8 PM HST, but kept the 11:37 time stamp of the original version, and replaced the contents of the previous version. Some of the content is the same as the AP news report in The Albany (New York) Times-Union shown immediately above here. Online comments to the previous version were carried over to the new version.

New law gives recognition to Native Hawaiians

By B.J. Reyes

With historic Washington Place as the backdrop for a ceremony that included conch shell blowing, traditional Hawaiian music and hula, Gov. Neil Abercrombie signed into state law a bill that formally recognizes Native Hawaiians as "the only indigenous, aboriginal, maoli population" of the islands and begins a process to create a roll of qualified members to work toward the reorganization of a native government.

Senate Bill 1520 supports efforts in Congress to gain federal recognition of native Hawaiians similar to that offered to American Indians and native Alaskans, but would continue the effort at a state level regardless of whether that goal is achieved.

Abercrombie appeared to choke up as he described his remembrances of Hawaiian aunties and other family members as he also referenced the decades-long effort made by Hawaiians in seeking such recognition.

"This bill is the first step in seeing to it that we have a Native Hawaiian government entity," he said. "It's not only the first step, it is a practical manifestation of all that has gone on before."

The signing took place today on the outdoor lanai, within shouting distance of sovereignty activists who decried the measure as an attempt to deny Native Hawaiians' claims to govern as a sovereign independent nation.

"This is an affront to those of us whose nation was stolen," activist Pilipo Souza said.

The mood at the ceremony was mostly celebratory as lawmakers past and present, along with representatives from several native Hawaiian organizations, packed the lanai to witness the historic occasion.

HONOLULU (HawaiiNewsNow) - As of Wednesday Native Hawaiians have confirmation from the state of something they knew all along. Wednesday Governor Neil Abercrombie signed a bill into law officially recognizing Native Hawaiians as the "only indigenous, aboriginal, maoli population of Hawaii."

The law is seen as an important step for Native Hawaiians to advance toward self-governance.

"This is an important step for the future of Native Hawaiian self-determination and the ability for Native Hawaiians to decide their own future," Abercrombie said.

"What this bill does is it helps to formally organize the Hawaiian people so they in fact, and we're hoping through convention or whatever other form they may choose, that they organize themselves for the purpose of creating their own self governance and also to determine their own self determination," added state Senator Malama Solomon, who ushered the bill through the legislature.

According to the new law Abercrombie has 180 days to appoint a five member commission. That commission will compile a roll, or list, of qualified Native Hawaiians interested in self determination. The people on that roll will participate in a yet to be determined governing entity.

That is the theory. But before a new governing entity can engage in nation-to-nation relations with the United States, Native Hawaiians need to be recognized by the United States.

The Akaka Bill would establish federal recognition of Native Hawaiians. It was first introduced in Congress in 1999, and while it has cleared the U.S. House twice it has never passed in the Senate.

The bill's namesake told Hawaii News Now the new state law should give his bill a boost.

"This bill compliments what we're doing in Congress and it indicates to the people of the United States that the people of Hawaii strongly support the rights of the Native Hawaiians," said U.S. Senator Daniel Akaka.

Not all Native Hawaiians like the new law. While Abercrombie was signing the bill into law a group of about 30 people gathered at the state capitol to voice their opposition.

"We feel that the whole agenda is to keep the people divided," said Pilipo Souza, who identified himself as a member of the Committee of Hawaiian Nationals.

Opponents said the state has no legal standing on which to recognize Native Hawaiians. They argue that because the U.S. illegally annexed Hawaii in 1898 and the state is part of the U.S., the state has no true legal ability to enact laws – especially laws governing Native Hawaiians.

Opponents also told Hawaii News Now the reject the new law because it enables only people of Hawaiian ancestry to participate in self determination. The law excludes people who through marriage, life experience, or for other reasons consider themselves Hawaiian.

"The people who are here don't want to do this Native Hawaiian versus Hawaiian kind of separation. That's something that was imposed upon us by the U.S. Congress. And so that makes no sense to us. You want to talk Hawaiian Nationals, it includes people who are more than ethnic Hawaiian," added Lynette Cruz, a member of the Hawaiian Independence Action Alliance.

The Akaka Bill passed out of the Senate Indian Affairs Committee in April. Senator Akaka is hoping to have the bill heard on the Senate floor. The Senate is controlled by Democrats who have shown more support for the Akaka Bill. The House is controlled by Republicans, a majority of whom have not shown support for the bill.

Unwilling to wait for federal recognition of the Hawaiian people, Gov. Neil Abercrombie on Wednesday signed into law a bill providing for recognition and eventual self-governance.

For the first time, it also recognizes native Hawaiians as "the only indigenous, aboriginal, maoli people of Hawaii."

"This bill is the first step in seeing to it that we have a native Hawaiian governing entity," Abercrombie said Wednesday at a signing ceremony on the steps of historic Washington Place in Honolulu. "It is the practical manifestation of everything that has gone on before."

Within six months the governor will appoint a five-member Native Hawaiian Roll Commission to prepare and maintain a listing of "qualified Native Hawaiians."

Commissioners will come from each of the state's four counties, plus one appointed at large.

To be eligible for this roll, people must make a written statement attesting to their Hawaiian ancestry and their "significant cultural, social, or civic connection to the Native Hawaiian community" Commissioners will need to determine the process by which this occurs. Beyond these two criteria, there is no requirement in the law that those enrolled must be citizens of Hawaii or of the United States.

Funding for the commission will come from the Office of Hawaiian Affairs.

"We're responsible for covering the cost of implementing the provisions of the bill," said Clyde Namu'o, CEO of the Office of Hawaiian Affairs. He told the Tribune-Herald that OHA's Kau Inoa registry may be used to establish Hawaiian ancestry, but to join the new roll commission they may need to sign a statement or an affidavit attesting to their cultural, social or civic connection.

Commissioners will also be responsible for hiring an executive director to maintain the roll.

"Once the roll is published, it kind of goes to the Hawaiian people to organize themselves in terms of creating self-government," said state Sen. Malama Solomon, D-Hilo, Honokaa, Waimea, who shepherded the bill through the Legislature. Her hope is that the Hawaiians will be able to convene a convention that would approve organic documents to decide the future course of self-government.

"This has been an ongoing process since the time of the annexation," Solomon said.

Two other bills that have already been passed into law will help achieve that elusive goal of self-determination. One of them, Senate Bill 2, appropriates $360,000 over the next two fiscal years to direct the Department of Land and Natural Resources to establish a complete and accurate inventory of all lands in the public land trust.

The other, SB 1555, establishes a Public Land Development Corp. under the DLNR to promote revenue-creating lands held within the public trust, including perhaps office space, vehicular parking, commercial uses, hotel, residential and timeshare uses, among other things.

"I can't imagine the state of Hawaii on the verge of bankruptcy when we own 1.7 million acres of land," Solomon said. "We got to start moving and getting our public lands revenue-producing."

The senator hopes that these three bills will set the stage for a settlement of the thorny ceded lands issue, while also showing Congress support for the so-called Akaka bill that would provide federal recognition for Hawaiians. Solomon emphasized this is still a goal.

"This bill was created as a proactive bill to get the state 100 percent behind (federal recognition)," she said.

The maneuver has some precedent. In 1950, statehood advocates convened a constitutional convention to prove that the territory was capable of governing itself, after being fed up with the decades-long delay in Congress over admitting Hawaii to the union.

To secure passage and the support of the various Hawaiian civic clubs and royal societies, Solomon made numerous compromises to the bill, and acknowledged that it will never make everybody happy.

"At least we have the majority onboard," she said. But many people who also opposed the federal Akaka bill effort in Congress also testified against the state recognition bill.

Isaac Harp of Waimea believes the bill doesn't go far enough, because he sees the 1893 overthrow of Queen Liliu'okalani and the 1898 annexation of Hawaii by the United States as illegal. He also sees the law as being based on race.

"I don't see Hawaii being in any way, shape or form being part of the United States or a legal state," Harp said. Therefore, he doesn't recognize any effort by the state of Hawaii to recognize Hawaiians.

Harp would rather achieve self-determination through the popular election of delegates to revise the 1864 constitution, promulgated by Kamehameha V, to determine the future of Hawaiian sovereignty.

Participation in this vote would be limited to descendants of Hawaiian nationals prior to 1893, regardless of race.

"The Hawaiian Kingdom was never a race-based society," Harp said.

Harp is not a member of any of the groups claiming sovereignty in Hawaii, but he supports all of them. He also said he is "definitely not" giving his name to the commission.

The Royal Order of Kamehameha I is among those Hawaiian groups that support the recognition bill, said Pua Ishibashi, the alii aimoku of the order's Hilo-based Mamalahoa Chapter. As for his personal views: "The order's position is that the nation of Hawaii continues to exist. So this bill falls well short of that, but I think it's a start, and a good starting point for the future."

New law upholds Hawaiian identity
Abercrombie signs a bill that moves the state's indigenous people toward self-governance

By B.J. Reyes

With historic Washington Place as the backdrop for a ceremony that included conch-shell blowing, traditional Hawaiian music and hula, Gov. Neil Abercrombie signed into law a bill that formally recognizes Native Hawaiians as "the only indigenous, aboriginal, maoli population" of the islands and begins a process to create a registry of qualified members to work toward the reorganization of a native government.

Senate Bill 1520 supports efforts in Congress to gain federal recognition for Hawaiians, similar to that offered to American Indians and native Alaskans, but would continue the effort at a state level regardless of whether that goal is achieved.

Abercrombie appeared to choke up as he described his remembrances of Hawaiian aunties and other family members as he also referenced the decades-long effort by Hawaiians to seek such recognition.

"This bill is the first step in seeing to it that we have a Native Hawaiian government entity," he said. "It's not only the first step, it is a practical manifestation of all that has gone on before."

The signing took place Wednesday on the outdoor lanai, within shouting distance of sovereignty advocates who decried the measure as an attempt to deny Native Hawaiians' claims to govern as a sovereign independent nation.

"This is an affront to those of us whose nation was stolen," activist Pilipo Souza said.

The mood at the ceremony was mostly celebratory as lawmakers past and present, along with representatives from several Native Hawaiian organizations, packed the lanai to witness the historic occasion.

"I feel very good about it, obviously," said former Gov. John Waihee. "The main reason is that it lays a foundation for the Native Hawaiian community to take another step forward."

Although he was unable to attend, U.S. Sen. Daniel Akaka, who has championed federal recognition efforts, issued a statement praising the work of the state Legislature and the governor in approving the measure.

"The enactment of this bill is yet another example of Hawaii's ongoing desire to recognize the unique contributions and traditions of the native people in our state," said Akaka, who along with senior U.S. Sen. Daniel Inouye was in Washington, D.C., for continuing negotiations over the nation's debt ceiling.

"Native Hawaiian values shape our sense of identity, our sense of aloha for one another, and our sense of what is pono, what is just," Akaka added. "This new law complements our efforts in Congress and demonstrates that the people of Hawaii strongly support the right of Native Hawaiians to reorganize and perpetuate their culture and way of life."

The state's formal recognition sends a message to congressional opponents who have cited a lack of state support, and internal fighting among Hawaiian groups, as reasons for opposing federal recognition, supporters said.

"This law now constitutes the state's official position on recognition of Native Hawaiians as the indigenous people of the islands," said Office of Hawaiian Affairs Chairwoman Colette Machado. "It is also a strong statement of support for the reorganization of the Hawaiian government. This sends a clear message to the federal government to endorse the recognition of Native Hawaiians as the indigenous people of Hawaii and to support native Hawaiian self-governance."

The federal Native Hawaiian Government Reorganization Act, also known as the Akaka Bill, would create a process for Hawaiians to form their own governing entity and negotiate with federal and state governments on land use and cultural issues.

It was reported out favorably by the Senate Indian Affairs Committee in April and awaits scheduling of a final vote on the Senate floor.

The measure reached a similar point in the legislative process last year but stalled as the Senate debated weightier matters such as health care reform and the "don't ask, don't tell" policy toward gays in the military.

Regardless of whether the Akaka Bill passes, the state legislation — Act 195 of 2011 — would work toward establishing a governing entity in Hawaii.

Under the law, the governor is required to appoint a five-member commission to prepare and maintain a roll of qualified Hawaiians who meet specific criteria. Qualified members must be at least 18 years old, be able to trace ancestry back to 1778, show that they have maintained their culture and be willing to participate.

The commission would be funded by the Office of Hawaiian Affairs but operate independently of the agency.

Clyde Namuo, chief executive officer of OHA, estimated initial start-up costs for the commission to be about $300,000.

The agency already had begun work on maintaining its own registry of Native Hawaiians, known as Kau Inoa, which required only that participants be Hawaiian.

"I think that OHA, maybe seven years ago, realized that the enrollment was a critical first step for self-determination," Namuo said. "Beginning Kau Inoa was, for us, that critical first step. I think now with the passage of (Senate Bill) 1520, that's going to make all the work that we've done in trying to gather people to register a little bit easier for the commission."

Once the roll is finished, the commission would be required to publish the registry to start the process of holding a convention to organize a Hawaiian governing entity. The governor would then disband the commission.

The process is meant to be independent of federal legislation, however, maintaining and publishing the role of Native Hawaiians would satisfy both state and federal legislative proposals.

A convention would work toward drafting an "organic document," or constitution, to be ratified by the Native Hawaiian people.

"The organic document establishes the structure of the native Hawaiian governing entity," Namuo said. "Then the government will have to decide whether to begin negotiations to settle past disputes with the state, the federal government and others."

He said he respected the difference of opinion that opponents or activists may have about the best way to achieve a Hawaiian governing entity.

Protesters, about two dozen of them carrying signs and bearing T-shirts that read "Free Hawaii," issued a statement adamantly opposed to the bill, saying it "continues to violate the sovereignty of the Hawaiian Kingdom, a constitutional, independent nation" and describing it as "not the proper remedy for theft of a nation."

"The Akaka scheme is a diabolical plan to help the United States avoid lawful return (to) Hawaii of the Hawaiian Kingdom," it continues.

"The Akaka scheme offers a basely inferior ‘remedy,' setting up a contrived puppet ‘native Hawaiian government' run by select members of a fabricated ‘native Hawaiian tribe' to share in the governance of Hawaii."

In one session, the 2011 Hawaii Legislature was able to do what the U.S. Congress has not been able to do in a decade's time: recognize Native Hawaiians as the indigenous people of Hawaii.

Quite possibly, it has also given re-birth to a movement toward self-governance that has been generations in the making and often seemed stymied.

Senate Bill 1520, which Gov. Neil Abercrombie signed into law Wednesday at Washington Place, will not of itself create a governing entity. That requires federal approval, and the Akaka bill still awaits a vote in the U.S. Senate.

But local leaders gathered in the historic home of Hawaii's last monarch, Liliuokalani, agreed that SB 1520 is landmark legislation that may mark a critical turning point.

As the kia aina (the governor) himself put it, SB 1520 — now Act 195 — is the "first step" to a Native Hawaiian governing entity.

Counting Hawaiians

Abercrombie now has 180 days to appoint a five-member Native Hawaiian roll commission to begin a process of counting qualified Hawaiians (as defined by the act) who will form a new government. Four of the members will represent the island counties, while a fifth will be appointed at large.

While there are many unanswered questions about exactly how the governing entity would work — or whether it will work at all — its core mission will be to protect cultural rights, ceded lands and other entitlements. U.S. Sens. Daniel K. Inouye and Daniel Akaka welcomed Act 195, saying it could help persuade some of their Senate colleagues to finally vote on the federal bill named for Akaka.

But SB 1520's passage through the Senate almost collapsed because of lack of funding for the commission. At the last minute, the Office of Hawaiian Affairs agreed to help with funding. While OHA remains focused on the federal legislation, the semi-autonomous state agency also came to recognize the value of the Hawaii bill.

Chairwoman Colette Machado stressed at the bill signing that OHA would only have an administrative role in Act 195's implementation, but also that it would fund the roll commission's executive director position and help facilitate statewide meetings on the process.

It won't be easy.

With a nod to the (sometimes) loud presence of about two dozen protesters outside the gates of Washington Place, Machado said, "We want to be able to do this in my lifetime, in our lifetime. This is major work, and there are indications from those individuals outside that some are never satisfied. But we must aloha them, because we are all part of the koko."

One of the protesters, Leon Siu of a group calling itself Hawaiian Nationals, handed out fliers that objected to the state's efforts to "jump-start" the Akaka bill.

"The Akaka scheme is a diabolical plan to help the United States avoid the lawful return (to) Hawaii of the Hawaiian Kingdom," the flier stated.

"Hell, no, we won't enroll," read a sign. "Neither would the Queen."

Role of the Hawaiian Caucus

Inside Washington Place, the sentiment was of unity of purpose.

The VIPS included top legislators, former Gov. John Waihee, the Royal Order of Kamehameha I, the Department of Hawaiian Home Lands, Hawaiian legal and business groups and many others. Separate press releases and a compact disc were issued by the administration, the state Senate and OHA, and an event program featured the sad visage of Liliuokalani.

While Abercrombie was the ranking official, Big Island state Sen. Malama Solomon was the emcee. Solomon, who was chiefly responsible for pushing SB 1520 through the Senate, was also one of the featured speakers along with three other Hawaiian lawmakers (like Solomon and Abercrombie, all Democrats): state Sen. Clayton Hee, Senate Majority Leader Brickwood Galuteria and state Rep. Faye Hanohano.

In fact, it was the Native Hawaiian Senate caucus that fought most for the bill. Galuteria, who explained that the caucus met weekly in his second-floor office overlooking Iolani Palace, said, "It would have been easy to go our separate ways and fortify the notion that Hawaiians can't work together. We wanted to create the new model."

At one point, Akaka himself visited the caucus, and Galuteria said his colleagues had the odd experience of being thanked by the senior senator for their work toward self-determination.

"There wasn't a dry eye in the room," he said.

Abercrombie, in his remarks, choked up several times as he recalled a visit with his late mother to Waianae, where he was accepted into the family of Aunty Aggie Cope, who sat in the front row of the VIPs.

But the governor largely turned the occasion over to others, and the message was obvious: It was a day for Hawaiians. A pule, oli, hula and music marked the program, and many speakers pointed out that in that very room there were people who are living links to ancestors who lived at the time of the 1893 overthrow and 1898 annexation.

"This brings to a conclusion the long journey that began with Queen Liliuokalani in this home," said Abercrombie.

A conclusion, but also the start of a new, and possible transformative, chapter.

The bill signed by Gov. Neil Abercrombie into law only reconfirms the fact that the Native Hawaiians are recognized as the first people of Hawai‘i. There is no need of a law to formally recognize Native Hawaiians as the only “indigenous, aboriginal, maoli people of Hawai‘i.” By historical accounts this has been accepted.

If every generation of Native Hawaiians since the 1893 overthrow of the Hawaiian Monarchy felt as Sen. Malama Solomon says they feel — struggling with not being “legally recognized as equals” — she should look at the progress of OHA, the Department of Hawaiian Homelands, Kamehameha Schools, and other institutions and programs for the advancement of all Hawaiians. The opportunities are there and growing if Native Hawaiians want to take part.

Solomon’s statement is politically and economically false.

Abercrombie and Solomon portray the Native Hawaiians as a “conquered people” and as second class citizens.

As is the governor’s style in failing to elaborate, a new chapter to the Hawai‘i Revised Statutes will be added establishing a process for Native Hawaiians to organize themselves.

Drew Kosora, Honolulu

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Honolulu Star-Advertiser, July 9, 2011

"The Big Q"

Yesterday's Big Q: Will the new state law recognizing Hawaiians as the only indigenous people of the islands help advance the sovereignty Akaka Bill in Congress?

The enactment of a law that essentially begins the process of reestablishing Native Hawaiian self-governance on the local level is an important move, solidifying the state's stance of reconciliation toward its native people in the hope that federal recognition may follow.

Act 195, signed on Wednesday by Gov. Neil Abercrombie, got relatively scant attention as it moved through the Legislature as Senate Bill 1520, considering the intent of the measure. Efforts in Congress to pass what's known as the Akaka Bill — after U.S. Sen. Daniel Akaka, its chief sponsor — have stalled yet again. Its long-suffering backers hope sibling legislation emerging from the state Capitol may regenerate some momentum for creating a nation-within-a-nation political entity that federal leaders in Washington, D.C., may later recognize.

The Office of Hawaiian Affairs is carving out $300,000 from its own resources to fund the organization of an independent commission that will assemble a roll, names of people who eventually will have voting power in a future native government. The law requires this panel to report its progress to the 2012 Legislature, a good instinct that needs to be renewed annually. Strict reporting procedures need to be in place, with goals and timelines set, to ensure that the process doesn't lose steam.

This makes sense on a policy level, in part answering critics who charge that the state is indifferent on the issue of Hawaiian sovereignty. Opposition by some remains heated — ranging from those who call it a weak substitute for independent nationhood, to those who argue that Native Hawaiians constitute nothing like a tribe and should be granted no separate recognition at all.

But passing the state law is, in fact, a declaration spoken through representative government, codification of a longstanding majority position that Native Hawaiians represent Hawaii's "first nation," that regardless of the nontribal organization of the Hawaiian kingdom, they are as deserving of recognition as indigenous people as any tribe or Native Alaskan corporation. The general consensus — that the 1893 overthrow of the monarchy, which led inexorably to annexation, was an injustice — has been documented repeatedly. The Native Hawaiian Trust Fund was established as part of the settlement, but a broader accord on the "ceded lands," the former crown and Hawaiian government lands taken by the federal government and passed to the state, is needed.

Much of the bill's language is borrowed from versions of the Akaka Bill. Establishing lineal descent from Hawaii's aboriginal people is still required, but becoming a "qualified Native Hawaiian" eligible for the roll also means a person has maintained "a significant cultural, social or civic connection to the Native Hawaiian community and wishes to participate in the organization of the Native Hawaiian government entity."

This definition is a more recent variant, and an improvement on purely race-based criteria. National identity should require some cultural affinity; it's the bond that holds people together and help sustain the process of government-making through its inevitable conflict.

OHA officials, and their lawyers, have looked into the state-recognition route in the past year, and believe it can withstand a legal challenge. Freedom of assembly is part of the U.S. Bill of Rights, and any group may incorporate and govern itself. Moving beyond that point into negotiations for a final settlement will require federal recognition, but Act 195 is a worthy step in the right direction.

Here are a few reasons why Hawaiian nationals and supporters of a free Hawaii are adamantly opposed to Act 195:

>> The act would heartlessly prolong the 118-year violation of the sovereignty of the Hawaiian kingdom government, territories and her people.

>> Instead of undoing the wrongs and returning Hawaii’s freedom, Act 195 creates another U.S. puppet government in order to strengthen the U.S. stranglehold on the Hawaiian people and their lands.

>> The dictates of Act 195 run contrary to any notion of reconciliation as called for in the Apology Resolution of 1993.

>> Act 195 represents a form of ethnocide and continued violation of the right to self-determination and mandates for decolonization as stipulated in the United Nations Charter (to which the U.S. is a founding party).

http://www.hawaiireporter.com/gearing-up-for-the-divorce-klub-kanaka-greedily-looks-ahead-to-property-division-and-alimony-from-the-state-of-hawaii/123
Hawaii Reporter, July 12, 2011
See also Hawaii Political Info online newspaper at
http://www.hawaiipoliticalinfo.org/node/4148
See also webpage at
http://tinyurl.com/5t8bxvl

Gearing up for the divorce — Klub Kanaka greedily looks ahead to property division and alimony from the State of Hawaii

BY KENNETH R. CONKLIN, PH.D.

On July 6, 2011 Governor Abercrombie signed Act 195, to begin the process of creating a membership roll for Klub Kanaka (KKK). All persons 18 or older, worldwide, can join if they have a drop of Hawaiian native blood and participate in some sort of ethnic Hawaiian political or cultural activity.

According to Act 195 the State of Hawaii has now already recognized the existence of Klub Kanaka even though we don’t yet know exactly who are the members or what the Klub’s bylaws might be. A commission not yet appointed by the Governor will set the rules for building the Klub’s membership roll, probably hiring a bunch of Koko Kops — genealogists with expertise in verifying Hawaiian native ancestry.

Act 195 is closely related to the Akaka bill, and contains some of the same language. It contemplates that an established state-recognized tribe with a membership roll, internal governing board, and set of bylaws will have an easier time of getting federal recognition than a bunch of individuals without an organization. But Act 195 is also “stand-alone” legislation to be implemented by the state regardless whether Congress passes the Akaka bill.
Barely one week later, on July 13, the Committee on Hawaiian Affairs of the House of Representatives will hold an informational briefing. Every department or agency of the state government has been summoned to appear if it has assets that could be turned over to Klub Kanaka, or activities which might provide revenue for Klub Kanaka.

Although KKK is a private, members-only, racially exclusive group, it feels entitled to huge amounts of land, money, and jurisdictional authority; and the state government seems eager to hand over whatever KKK wants. It might take a year or two for KKK to establish its membership list, decide who are its officers, approve a set of Klub bylaws, and make a list of what it wants from the state. But meanwhile both KKK and the state are wasting no time to prepare for the massive potlatch (the Indian name for a festival where the “winner” is the one who gives away the most stuff).

The July 13 informational briefing might be thought of as a preliminary meeting in the early stages of a divorce. At this particular meeting the husband (State of Hawaii) has no attorney to represent him. The wife (KKK) is bitterly angry and wants to grab everything possible in the way of property (land, money, and jurisdictional authority) and alimony (payments forever from tax dollars and ceded land revenues). The husband is going to be interviewed by the wife’s attorney (House Committee on Hawaiian Affairs) so that the attorney can begin to find out what assets and income the husband has. This preliminary, informal meeting will help the attorney to formulate a list of questions which the husband must answer under oath during a future deposition and eventual court hearing, leading to a formal document ordering a division of the marital assets and payment of alimony for the foreseeable future.

The wife is very angry. She says their relationship got started with rape (overthrow of the monarchy), followed by a shotgun marriage (annexation) and continued abuse ever since then (poverty, disease, disparate incarceration). She has instructed her attorney to begin divorce proceedings by treating the husband in a very gentle, respectful way in order to encourage him to reveal any hidden assets he might have. But she has also told her attorney that as the process goes forward the attorney should “tighten the noose around my husband’s neck, not to mention other parts of his anatomy, and squeeze that bastard ruthlessly until the pain forces him to give up everything he’s got.”

The notice for the July 13 informational briefing includes date, time, place, and a list of the government agencies who have been “invited” to appear. It can be seen at
http://tinyurl.com/6zbcor7

The committee slogan, posted right at the top of every hearing notice this year, is first in Hawaiian and then in English

“He lā hou, e ho`oulu lāhui”
A new day, building a nation

Throughout 2011 this committee has passed bills and resolutions hostile to the State of Hawaii, including an absurd history-twisting resolution to rip the “Treaty of Annexation” out of the hands of President McKinley’s in his statue at McKinley HighSchool,
http://tinyurl.com/3rpmlow
and another history-twisting resolution to convene formal hearings under oath with perjury penalties regarding a claim that Queen Liliuokalani and President Grover Cleveland had a legally enforceable agreement to put her back on the throne following the revolution of 1893.
http://tinyurl.com/4t5pecj

Anyone would be crazy to think this state government committee of elected representatives is capable of protecting the interests of the people of Hawaii against the rapacious demands of Klub Kanaka. There is, quite simply, nobody in the state government who will defend us, except for one very lonely and powerless state Senator from Hawaii Kai — the only one among 76 members of the legislature who had the courage to vote “no” on Act 195. And he’s not a member of this House committee.

The hearing is an “informational briefing” allowing no testimony from the public. There’s nothing on the ‘Olelo TV schedule to indicate that it might be broadcast live; although ‘Olelo sometimes does live broadcasts, or might play a video a few days later.

After failing for 11 years to get the ill conceived Akaka Bill approved by Congress, the State of Hawaii has passed its own ethnic restrictive bill for a separate indigenous government (Act 195). The Honolulu Star-Advertiser describes the act as an important move toward reconciliation and federal recognition. This calls for an objective review of events relating to these issues and a determination of the purpose and justification for reconciliation and the need for creating a separate indigenous government to obtain recognition and support for indigenous programs.

In effect, reconciliation with respect to Act 195 relates to the inappropriate and misleading Apology Resolution of 1993 which accuses the United States of significant involvement in the 1893 overthrow of Queen Liliuokalani. This is in spite of the fact that the 1894 Morgan Report of the US Senate refutes all reports claiming US involvement in the overthrow, including the biased and questionable Blount Report ordered by President Cleveland, which he later in effect de-emphasized in favor of the Morgan Report.

Act 195 is a nebulous document that fails to address crucial issues, such as how two different government entities (State of Hawaii and the Native Hawaiian Government to be created by Act 195) would share the planning and cost of infrastructure, police, fire departments, education, etc.
The concept of an ethnic oriented indigenous government seems particularly untenable under the existing social structure where the native Hawaiian population is completely integrated and extensively intermarried with other ethnic groups.

There is in general no separate living environment of Hawaiians separate from the population at large, except for some tendency of separate ethnic groups in Hawaii as elsewhere to gather together. With the indigenous Hawaiian population an integral part of society in general, the expressed concept that native Hawaiians could function as a tribe similar to Native American Indians and Native Alaskans is obviously unrealistic.

Furthermore, in the creation of the Hawaiian constitution by King Kamehameha in 1840, people of all ethnic groups were equally subjects of the Kingdom and ethnicity was not an issue in that respect.

In seeking a less questionable alternative to serve the Hawaiian community than a separate governing entity, expansion of the activities of programs such as The Hawaiian Homes Commission At of 1920 would seem to offer a more realistic approach to Native Hawaiian issues.

In fact, a proposal for modification of the Hawaiian Homes Act is proposed in Section 3 of Act 195. Appreciation of the importance and contributions and needs of Native Hawaiians to Hawaii and to society in general could well be hampered rather than enhanced by the dividing effect of a separate government within a government competing against the state. It seems too great a risk to take.

At the signing ceremony of Senate Bill 1520, state Sen. Malama Solomon stated, "Every generation of Native Hawaiians since the overthrow of the Hawaiian Kingdom in 1893 has struggled with not legally being recognized as equals."

Will the Native Hawaiians have the same rights as the occupiers of their country had, namely to depose the current ruler of any territory, let's say of Hawaii, and establish their own laws, just like it happened to them in 1893? And if this equality does not apply, the new law means nothing, but instead George Orwell's words will be applicable, namely that everybody is equal, except some people are more equal than others. I mua Hawaii nei.

HILO -- Having agreed on the wording of the definition of a "qualified Native Hawaiian" under the state recognition law, officials are now trying to figure out exactly what those words mean.

Nominations for the Native Hawaiian Roll Commission are being accepted online at the state website for boards and commissions (hawaii.gov/gov/about/boards-commissions.html) through Aug. 5.

In the online application, individuals seeking to nominate themselves or someone else must first certify that those making the nominations: 1) Have Hawaiian ancestry, or have been eligible in 1921 for programs authorized by the Hawaiian Homes Commission Act, or is a direct descendant of one; 2) "Have maintained a significant cultural, social, or civic connection to the Native Hawaiian community and wish to participate in the organization of the Native Hawaiian governing entity;" 3) Are at least 18 years old.

Hawaiian membership organizations wishing to nominate someone must attest that their organizations have been in existence for at least 10 years, and that the purpose of the organization is "the betterment of the conditions of the Native Hawaiian people."

There is no formal guidance on what constitutes a significant connection to the Hawaiian community, or which organizations work for the "betterment of the conditions" of the Hawaiian people. But there is a penalty for falsely claiming either -- a fine of up to $2,000 and up to a year of imprisonment.

From the applicants, Gov. Neil Abercrombie will appoint five members: One each from the counties of Hawaii, Maui, Honolulu and Kauai, and one member at large. This commission will be charged with hiring an executive director and related staff, and preparing a roll of "qualified Native Hawaiians" to form a self-governing entity among themselves.

What happens after that is up to the Hawaiians themselves, to organize a convention for self-government. But before that happens, Abercrombie has to figure out which nominees are qualified to serve on the commission. And figuring out what constitutes a "significant ... connection to the Hawaiian community" is not clear-cut.

The bill the governor signed July 7 places the commission under the Office of Hawaiian Affairs for administrative purposes. Asked for further information about who can be a "qualified Native Hawaiian," a spokesman for OHA said Friday that his agency's role was limited to placing advertisements to solicit applicants, and he suggested checking with the governor's office.

A representative from Abercrombie's office referred the question to the office of state Sen. Clayton Hee, who introduced the bill in the Senate in January.

Hee was not available for comment. State Sen. Malama Solomon said members of the House of Representatives, specifically Rep. Faye Hanohano, insisted on including that language in the bill, to make it more inclusive.

"The House wanted to make it as open as possible," Solomon said. For example, Solomon said, adult members of a hula halau, or a paddling club who have Hawaiian ancestry may be nominated for the commission. The same goes for members of Hawaiian civic clubs, royal societies and royal trusts, and Hawaiian homestead community associations.

Hanohano was not available for comment, but her colleague, Maui Rep. Gil Keith-Agaran, said the effort was intended to create a political distinction, rather than a racial one.

"If you look at the (Hawaiian recognition) bills, it was capital-N "Native Hawaiian" rather than the small-N "native Hawaiian," which deals more with blood quanta, Keith-Agaran said. "We stayed away from the 50 percent or whatever blood quantum" requirements that appear elsewhere.

The intent is to give Abercrombie a broad selection of nominees for him to choose for the commission, Keith-Agaran said. It was also important "to make sure that each of the main islands, with their counties serving as surrogates, will be represented," he said.

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http://www.mauinews.com/page/content.detail/id/551476/Kanaka-maoli-encouraged-to-vote-for-sovereign-nation.html?nav=18
The Maui News, July 17, 2011, Letter to editor

Kanaka maoli encouraged to vote for sovereign nation

Gov. Neil Abercrombie signed a law recognizing Native Hawaiians (The Maui News, July 7). The state and federal governments are attempting to reorganize kanaka maoli as Congress did to the American Indians in 1933.

That reorganization resulted in Indians being recognized as corporate fictions subjugated to the plenary powers of Congress. Any Native Hawaiian governing entity reorganized by Congress can never be an equal partner with a sovereign nation.

Congress and the state have no right to reorganize or abolish any sovereign foreign government or suspend the rights of its occupied people.

Congress and the Office of Hawaiian Affairs are attempting to persuade kanaka maoli (misidentified as Native Hawaiians) to relinquish their rights to an independent sovereign government and their unrelinquished claims to their national lands by becoming the wards of Congress through a newly created governing entity.

Na kanaka maoli have a right to restore their government by reinstating the original sovereign authority. It's not up to Congress to extend that right. Sovereignty comes from the people. The authority to restore or reorganize their government rests with the people. The people must choose to either regain their sovereign independence or become virtual slaves to the absolute power of Congress.

There will be an election Nov. 4. All kanaka maoli are eligible to vote and run for office in a sovereign Hawaiian government, independent of all federal and state control. Register now and vote on Nov. 4. What do you have to lose beside your identity, sovereignty and national lands?

Dan Taylor
Haiku

** Ken Conklin's note: Dan Taylor is apparently referring to an election for the Reinstated Hawaiian Nation, under Henry Noa, set for Saturday, November 5, 2011.

In February 1843, Lord George Paulet forced King Kamehameha III to cede Hawaii to Great Britain, but on July 31, 1843, Adm. Richard Thomas restored Hawaii's independence.

On bended knee, he apologized to King Kamehameha III, took down the British flag and raised the Hawaiian flag at what thereafter became known as Thomas Square.

Then, in an afternoon service of thanksgiving at Kawaiahao Church, the king proclaimed the slogan that continues to guide the state of Hawaii, "Ua mau ke ea o ka ‘āina i ka pono." (The life of the land is perpetuated in righteousness.)

Under the Kingdom of Hawaii, July 31 was an annual holiday.

On this day, it is timely to reflect upon Act 195, the Native Hawaiian Recognition Law passed by the 2011 Legislature and signed by Gov. Neil Abercrombie on July 6.

What does it mean for the Hawaiian nation? What does it mean for the people of Hawaii?

Act 195 states, "The Native Hawaiian people are hereby recognized as the only indigenous, aboriginal, maoli people of Hawaii."

For the Office of Hawaiian Affairs, this is the principal significance of the law.

In 1978, the people of Hawaii took bold steps in support of Native Hawaiian rights when they voted in support of several amendments to the Hawaii State Constitution.

» Hawaiian was acknowledged as an official language of Hawaii together with English.

» Native Hawaiians were acknowledged as a beneficiary of the ceded public lands trust together with the general public.

» The state reaffirmed its responsibility to uphold and protect all rights customarily and traditionally exercised for subsistence, cultural and religious purposes by Native Hawaiians.

» The state made a commitment to provide education in the Hawaiian language, culture and history in the public schools.

» OHA was created.

In 2000, in the Rice v. Cayetano case, the U.S. Supreme Court ruled that the election of all-Hawaiian OHA trustees by Native Hawaiian voters violated the 15th amendment of the U.S. Constitution.

The court remained silent on whether OHA's programs and services violated the 14th amendment, and the state took a step back from full support of Native Hawaiian rights, entitlements and self-governance.

Act 195 now reaffirms and provides a solid foundation for the state of Hawaii to define its position on any future challenges to Native Hawaiian rights and entitlements.

It states, "The purpose of this chapter is to provide for and to implement the recognition of the Native Hawaiian people by means and methods that will facilitate their self-governance, including the establishment of, or the amendment to, programs, entities, and other matters pursuant to law that relate, or affect ownership, possession, or use of lands by the Native Hawaiian people and by further promoting their culture, heritage, entitlements, health, education and welfare."

At the national level, this law sends a clear message to the federal government to endorse the recognition of Native Hawaiians as the indigenous people of Hawaii and to support Native Hawaiian self-governance.

The appointment of a Roll Commission by the governor of Hawaii opens a pathway toward the re-establishment of a Native Hawaiian governing entity.

OHA stands ready to work with the governor's office and the Legislature as we continue on the journey toward self-governance.

On July 6, Governor Neil Abercrombie signed into law a bill formally recognizing Native Hawaiians as the only indigenous, aboriginal, maoli people
of Hawai‘i.

This historic action by the state is a significant step forward for Native
Hawaiians in the nation-building process. The new law serves as a catalyst for
creating a Native Hawaiian governing entity as we continue to move toward
federal recognition.

At the Office of Hawaiian Affairs, we see this new law as a complement to
our efforts to enable Native Hawaiians to create a better future for themselves. And we stand ready to assist the five-member Native Hawaiian Roll Commission, whose members will be appointed by the Governor, and whose responsibility will be to prepare and maintain a roll of qualified Native Hawaiians.

The Office of Hawaiian Affairs will fund the commission and it will be attached
to OHA for administrative purposes only.

In addition to working with OHA, the commission will work with Hawaiian
organizations throughout the state and the Nation.

In 2004, OHA established Kau Inoa, “to place your name.” The establishment
of a roll was viewed by the community as the critical first step in the
nation-building process. Act 195 makes reference to OHA’s previous efforts
to begin the self-determination process. We are committed to work with the
Native Hawaiian Roll Commission and the Hawaiian community in moving
this effort forward.

We encourage all Hawaiians to get involved in the state recognition
process. Though our long-term goal is to achieve federal recognition for
Native Hawaiians, state recognition will help to prepare us for that.

Qualified Native Hawaiians and Native Hawaiian organizations can take part right now by nominating individuals to serve on the commission. We urge your participation in the nomination process. The commission will be composed of one person from each county and one at-large. To nominate an individual, please visit the Boards and Commissions section on the Governor’s
web site at www.hawaii.gov/gov. Nominations are due by Aug. 5. Let your voices be heard.

A historic bill signing ceremony at Washington Place July 6 brought Native Hawaiians a step closer to self-determination and serves as a powerful
demonstration of what Native Hawaiians can do when they work together.

Approximately 150 people gathered to watch Gov. Neil Abercrombie sign Senate Bill 1520 into law, many of whom have spent decades fighting for formal recognition of Native Hawaiians as a sovereign entity.

“The Legislature has found that the state has never explicitly acknowledged that Native Hawaiians are the only indigenous, aboriginal, maoli population of Hawai‘i. With the signing of this bill, that will be taken care of. The
acknowledgement, with regard to the indigenous people of Hawai‘i, will be accomplished,” Abercrombie said, before putting his signature on what is now officially Act 195.

Signing the bill at the home of Hawai‘i’s last reigning monarch Queen Lili‘uokalani brought to full circle the events that have occurred since the Hawaiian government was overthrown in 1893 through reaffirmation of Native Hawaiians’ right to self-governance, Abercrombie and others
observed.

The state’s recognition law is intended to move in concert with federal recognition, which would give Native Hawaiian status similar to that afforded to American Indians and Native Alaskans.

The federal Native Hawaiian Government Reorganization Act, awaiting U.S. Senate floor consideration, would set forth a process for Hawaiians to establish their own governing entity.

Although Akaka could not leave Washington, D.C., he sent a statement applauding the bill signing: “The enactment of this bill is yet another example of Hawai‘i’s ongoing desire to recognize the unique contributions and traditions of the Native people in our state,” he wrote. “Native Hawaiian values shape our sense of identity, our sense of aloha for one another and our sense of what is pono, what is just.” Throughout the state’s legislative session, Akaka and his staff provided guidance and support, as well as
assurance that Hawai‘i’s law would support his efforts in Congress.

U.S. Sen. Daniel Inouye, also in Washington, D.C., added, “It is right, just, and long overdue.”

The new law establishes a five-member Native Hawaiian Roll Commission. The commission, appointed by the Governor, will create and maintain a roll of Native Hawaiians qualified to participate in organizing a governing entity. This
roll, when published, is intended to facilitate a convention that will lead to self-governance.

State Sen. Brickwood Galuteria, Chairman of the Hawaiian Affairs Committee, reflected on how the Legislature passed the landmark bill that represents “a commitment to acknowledge the first people of Hawai‘i while preserving
the diversity that has made Hawai‘i home to so many.”

Galuteria said that toward the end of session, fiscal constraints threatened passage of the bill. At the eleventh hour, the Office of Hawaiian Affairs stepped forward and offered its kökua. As Galuteria describes, OHA Chairwoman Colette Machado agreed without hesitation to fund the Native Hawaiian Roll Commission. “And that, my dear family, was the moment of
sovereignty. That was indeed self-determination,” Galuteria said.

OHA’s funding commitment got the bill through conference committee and was passed by the Legislature with only one “no” vote in the Senate.

Machado clarified OHA’s position at the ceremony, noting the state recognition act is a legislative initiative that OHA has agreed to support. The roll commission will be attached to OHA for administrative purposes only, she
emphasized.

She added, however, that OHA is grateful to be part of the nation-building process and ready to contribute in a way that is helpful but not intrusive.

Machado acknowledged the protestors who stood outside the Washington Place gates, holding signs and chanting in opposition to the state law. “No matter what we do, it’s never satisfactory, but we must aloha them,” she said.

Machado praised the passage of the state recognition bill: “Since Rice v. Cayetano in 2000, this is the clearest position the state has taken to reaffirm Native Hawaiian rights and entitlements already established in the state’s
Constitution,” she said. “This also sends a clear statement to the federal government to endorse the recognition of Native Hawaiians as the indigenous people of Hawai‘i and support Native Hawaiian self-governance.”

The bill signing was particularly moving for state Sens. Clayton Hee and Malama Solomon, who have both spent more than three decades advocating for restoration of native rights.

“No Pacific island experienced colonization at a greater loss than Hawai‘i. The loss of the language was the loss of the identity. The loss of the identity was the loss of our dignity,” said Hee, who spoke of the obligation to “the first nation of this land.”

Solomon, who helped open and close the ceremony, contributed to a written narrative and offered a personal statement: “Hawaiians are [begin page 10] very different from the American tribes. We had a kingdom that was
recognized by the United States and other nations around the world before the overthrow.

“Every generation of Native Hawaiians since the overthrow has struggled to be recognized as equals,” she added. “The new law recognizes Hawaiians as equal partners and sets out a procedure to organize ourselves that is grassroots driven. The power will percolate up from the community, not from the top down. It establishes a process to let Hawaiians set forth their goals and desires and define themselves. It begins to let the next generation realize their dreams. That’s what sovereignty means.”

Hee quoted King Kamehameha, “Imua e na pöki‘i. Inu i ka wai ‘awa‘awa, no ka mea. ‘A‘ohe hope i ho‘i ai a hiki i ka lanakila!” and offered an English translation as he urged those in attendance to rise together as one ‘ohana: “Go forward young warriors. We have drank enough of the bitter water. There
is no turning back until victory is securely in our grasp.”

Applications to be considered for the Native Hawaiian Roll Commission are due Aug. 5. More information is available at www.hawaii.gov/gov

Senate Bill 1520 does two things. First, it formally recognizes Hawaiians as being the indigenous people of these islands. Second, it creates a five member Commission to begin an enrollment process. Presumably this enrollment is tantamount to a voter registration drive whereby citizens of the anticipated nation of Hawai‘i will have a voice in its shaping. This is a significant step taken by the state to formally engage in supporting a process that is intended to lead toward creating the nation of Hawai‘i within
the State of Hawai‘i. It is probably the first in a series of actions triggering
a state version of the Akaka bill. It is also intended as a message to Congress
that the citizens of Hawai‘i support the Akaka bill.

It’s good that we create forums to discuss the nation of Hawai‘i. And as we talk story there is one question that we need to spend a lot more time
considering. Who will be the citizens of this nation? This is fundamental to
any nation building. So far, most of the dialogue about Hawaiian sovereignty
and a Hawaiian nation finds most people presuming that the nation will be one composed of ethnic Hawaiians. But there are other voices out there,
Hawaiian and non-Hawaiian, who are not as sold on the idea of a nation
exclusive to Hawaiians. I believe this is an issue that is far from resolved and
needs to be addressed. There are three compelling circumstances to consider.

First, is Hawai‘i residency required to be a citizen of the nation? If yes, it would disenfranchise thousands of Hawaiians living on the mainland who want to be included. Second is what is referred to as “continuum,” a concept federal agencies consider when accepting applications for nation status from American Indians and Native Alaskans. The continuum concept requires that to be recognized as a nation, the tribe or native group had to exist in some form as a nation prior to becoming part of the United States. If applied to Hawai‘i, at the time of the overthrow the nation was not an ethnic Hawaiian nation. Its citizenry was multicultural. So should not the descendants of the non-Hawaiian families who were citizens of the nation in 1893 and under Kamehameha the Great have a legitimate claim to citizenship? Third and very
important is the resources to which the nation would be entitled. As of today, Hawaiian claims to resources held by the state, particularly land and revenue from ceded lands, can reasonably be argued as qualifying for transfer to the
new nation of Hawai‘i. But consider this: Most Hawaiian wealth is held by the Ali‘i Trusts – particularly Kamehameha Schools, Queen Lili‘uokalani Trust, and Queen Emma Land Co. Among the three of them (without OHA and Department of Hawaiian Home Lands) the basis of wealth is in the hundreds of thousands of acres of land owned in fee title and billions of dollars in cash assets.

The sobering fact is that the bulk of Hawaiian wealth would not be available to the nation because these trusts are organized under U.S. federal law and would be subject to the nation of Hawai‘i only if they reorganized under our law. So, while Hawaiians seem to be making some progress on the question of political sovereignty, we are absent any vision for creating the prosperity of the nation. Projecting what might be possible in developing economic relationships between a nation of Hawai‘i and the Ali‘i Trusts is provocative and elusive. So continues the long road to self-determination.

Colette Machado, the chairwoman of the Office of Hawaiian Affairs, says that the message of a new state law to our nation is that "the re-establishment of a Native Hawaiian governing entity" must be endorsed ("New state law sends clear message to Congress about Hawaiian sovereignty," Star-Advertiser, Island Voices, July 31).

That means the following:

» She wants a tribe to be authorized for a Native Hawaiian government.

» Tribes come under the authority and jurisdiction of the U.S. Department of the Interior.

» The U.S. Department of the Interior treats tribal members as wards of the federal government, even though Indians were supposedly granted citizenship in 1924.

» Most of us do not want our fellows of Native Hawaiian ancestry to be treated as American Indians are in 565 federally recognized tribes in the United States. Why does Machado want that?

On March 13, 1999, a group of Kanaka Maoli reinstated the former Hawaiian government of the Kingdom of Hawaii. Since the overthrow of the government in 1893 by a group of European and American landowners, the Kingdom and its citizens have been living under the laws of the United States. Now, the reinstated Hawaiian nation boasts nearly 400 “nationals” in Hawaii and nine on Molokai, according to Prime Minister Henry Noa.

Noa visited Molokai earlier this month to discuss the nation and the progress it has made. Since 1999,the reinstated Hawaiian nation has reconstructed its government, with executive, legislative and executive branches and offices of the House of Nobles and Representatives; conducted elections for the nation; passed laws, including amending its constitution in 2000; and developed government departments, such as the Dept. of Health and the Dept. of Transportation, and more.

“It’s you that can make the difference now to make this sovereignty stand up – all you have to do is participate,” said Noa.

“[The U.S. government is] taking everything from us – culture, identity, lands, everything,” said Duke Kalipi, representative for the Molokai district – one of 24 districts in the reinstated nation. “We all can make this work if we unify – we can get the recognition we deserve.”

Following the Law

The goal, Noa said, is to “reclaim the inherent sovereign right of absolute political authority and jurisdiction in Hawaii.” These rights, he explained, are possible under international law. The international law of perfect right, according to Noa, states that every sovereign nation does not have to ask another sovereign nation what it can or cannot do.” The former Hawaiian nation was recognized as a sovereign nation, and the perfect right was never relinquished.

“As long as there was no Hawaiian government, there was no one to give the land back to,” said Noa.

On the day of the overthrow, Queen Lili`uokalani sent a letter of protest of the U.S. president, invoking international law by stating her objection to the overthrow. One hundred years later, in 1993, President Bill Clinton signed a resolution acknowledging the overthrow of the Kingdom of Hawaii and apologizing to Native Hawaiians for the United States’ participation in the overthrow.

Noa marked a distinct difference between his goals and the Akaka Bill. Under the Akaka Bill, Noa said, Hawaiians will still be subject to U.S. laws, whereas the sovereign nation is only subject to their own laws. Noa also placed the Akaka Bill as an example of “imperfect” international law, as opposed to perfect right. The bill, he said, asks permission of the occupying government to return to sovereignty, rather than “reinstating their inherent right to sovereignty on their own.”

The group’s ultimate goal, said French, is to become a sovereign nation, rather than a state under the U.S.

Citizenship

In order to become a citizen, Kanaka Maoli and others who wish to support the cause must take classes to understand the government, process and rights. They must pass a citizenship test, give up their U.S. citizenship and swear an oath of allegiance. As citizens, they will be given a Hawaiian Kingdom ID, certificate of citizenship, birth/marriage certificates, driver’s license, vehicle registration and license plates and other documents.

“For me, the whole process took about four months,” said Henry French, elected to the House of Nobles for Molokai. He said he has been involved in the Hawaiian nation for only about six months, but “in your heart you know what is pono.”

French said nationals on Molokai hold meeting as often as once a week. Everyone works on a volunteer basis and money comes out of pocket. The Hawaiian nation has never taken money from the federal, state or county U.S. government, said Noa. They raise money selling huli huli chicken and laulau. The food is made in certified kitchens – “we certify ourselves!” Noa laughed.

Noa said the nation currently has over 7,000 citizen applications around Hawaii. While the U.S. government does not recognize the movement, the County of Maui has passed a resolution acknowledging the International Bill of Human Rights and supporting “reconciliation efforts for the Native Hawaiian people.”

“We send our list of nationals directly to the police department in Maui County,” said Noa. While this does not guarantee legal rights, Noa said it is a step in the right direction.

“Our first success took place just last week,” Noa explained. A Hawaii Island national received a citation, but the case was dismissed by the court with a small fine, and he was given back his license plate and ID.

Reclaiming the Land

The next step for the Hawaiian nation is “Project ID Aina” – an initiative to properly identify all Hawaiian crown government lands (as opposed to private kuleana lands). In addition to identifying the lands on paper, nationals will build ahu – stone alters – on the land to show visual representation and proper cultural identification. Ahu will be set according to strict rules – 20 feet from the roadway, where they are visible and accessible for maintenance.

“[Imagine] the visual impact of passing so many ahu [while driving by]– most people don’t even realize what is theirs,” said Noa.

Teams on every island will be organized to work peacefully on the effort. Molokai’s nationals have already erected one ahu on the island in Ulalpue on east end, according to French, and plan to continue.

Noa and French stressed it is not the intention to place ahu on private kuleana lands, and they ask for understanding if land identification errors are made.

“Building a nation is not an easy task – I have nine children and I thought that was hard – but this is way harder.”

“We gotta work together,” said Kalipi. “In 50 years there won’t be kanaka left – we’ll just be in legends and memory.”

For more information, visit hawaii-gov.net, or call Duke Kalipi on Molokai at 213-5416.

Office of Hawaiian Affairs Trustee Collette Machado is right about one thing: We should all, regardless of our race, reflect on the Native Hawaiian Recognition bill signed by the governor on July 6 (“New state law sends clear message to Congress …,” Star-Advertiser, Island Voices, July 31).

The new law calls for a roll of “eligible Native Hawaiians” to “re-establish” a Native Hawaiian governing entity.

Only Native Hawaiians, defined by racial ancestry, and certified to have maintained a cultural, social or civic connection to the Native Hawaiian community, are eligible.

Machado cites Rice v. Cayetano striking down OHA’s race-restricted elections under the 15th Amendment; but she does not connect the dots to see that using the roll of “eligible Native Hawaiians” to “re-establish” a Native Hawaiian government, will also be stricken down under the 15th Amendment.

Dividing up the citizens of Hawaii by race for special benefits to some is hardly something Abercrombie should be proud of.

KAHULUI - U.S. Sen. Daniel Akaka was on Maui on Wednesday as chairman of the Senate Committee on Indian Affairs to listen to ideas on how to create parity for indigenous people living across America, with a focus on Hawaii.

The so-called Akaka Bill was not discussed, although it is still pending before Congress. The measure would establish a semiautonomous Native Hawaiian government, similar to Native American groups found on the Mainland.

On Wednesday, the six speakers who addressed Akaka for several hours had Native Hawaiian, Native American, or state and federal government ties. The event at the Maui Beach Hotel was titled "Strengthening Self-Sufficiency: Overcoming Barriers to Economic Development in Native Communities."

"Legislation is the last resort," said Akaka, 86, who knows that pitfall well. "I'd prefer to do it administratively."

The testifiers discussed "the administrative and legislative barriers that exist in providing economic development opportunities for native communities," he said. The information will help his committee develop policies that encourage self-sufficiency and spur economic growth and job creation.

Akaka became chairman of the committee in March and already held 22 similar hearings and less-formal discussions to learn "from people in the trenches," he said. The speakers included Robin Danner, president and chief executive officer of the Council for Native Hawaiian Advancement; Michelle Kauhane, deputy director of the state Department of Hawaiian Home Lands; and Michael Smith, a deputy director of the Bureau of Indian Affairs in Washington, D.C.

Danner, whose organization represents 150 Native Hawaiian nonprofits, advocated for more funding and less red tape. Ultimately, she said, the people she represents want self-determination, a stance close to Akaka's heart.

Kauhane said the government, intentionally or not, often has made the Department of Hawaiian Home Lands ineffective at times and underfunded. She came with a list of barriers and possible solutions:

Many of the 200,000 acres of trust lands are in places too remote for roads.

With the land tough and far away, it's expensive to build more than just low- to moderate-income housing.

For Native Hawaiian business development, the department needs capital.

"Any self-sufficient community is a healthy community," Akaka added.

Akaka has no deadline for the hearings' outcomes, other than when he leaves office Dec. 31, 2012, said spokesman Jesse Van Dyke.

BY KENNETH R. CONKLIN, PH.D. -- Author's note: This essay is written as my ho'okupu (offering) in honor of Statehood Day, the 52nd anniversary of Hawaii statehood, celebrated August 19, 2011. Statehood needs defending because the Akaka bill, and its state version Act 195, threaten to rip Hawaii apart along racial lines.

In recent days a long-standing controversy has once again come to public attention. It is a matter of great importance whether OHA is a state government agency and must comply with state law regarding elections, open meetings, disclosure of budget information including salaries and expenditures, etc. The specific issue currently under discussion is whether OHA must release information about the salaries of its employees, on the same basis as any other state agency. But there are other issues of far greater importance.

Because OHA is a state agency, therefore the Roll Commission under 2011 Act 195, whose purpose is to assemble a racially exclusionary roster of ethnic Hawaiians qualified for membership in a new state-recognized tribe, is also a state agency. Therefore Act 195, which requires the Governor to appoint only ethnic Hawaiians to serve as members of the Roll Commission, violates court decisions which have ruled that it is illegal to have racial restrictions on who can run for or be appointed to Hawaii state agencies (the court decisions in Arakaki#1 specifically focused on OHA).

Just as the Roll Commission is a state agency, not a private trust; so also the state-recognized tribe it is assembling is a state agency and not a private trust. Both are unconstitutional, because their members are required to be of a particular race, and both are being created and paid for by the state agency OHA. Although OHA claims that ceded land revenues are not public money just like tax dollars, a recent decision by the U.S. Supreme Court says the ceded lands (and therefore the revenues they generate) are the property of the state. Although OHA wishes the state-created tribe could be treated as a private club, the tribe is in fact a state agency precisely because it is created by the state agency OHA. The Roll Commission and the tribe are funded by state government money, whether that money comes from tax dollars appropriated by the legislature or from revenues from the ceded lands which are owned by the state or were (will be) given to the tribe by the state.

1. What are some examples of OHA's refusal to disclose salaries and expenditures?

2. Is OHA a state government agency?

3. Is there any validity to OHA's assertion that it is a private trust whenever its "trustees" are spending ceded land revenues, rather than tax dollars, on behalf of its "beneficiaries"?

4. Since OHA is a state agency, therefore the Roll Commission created by Act 195 is a state agency whose members are appointed by the Governor. But Act 195 requires the Governor to appoint only from a list of nominees who must be of a specific race, in violation of the court decisions in Arakaki#1.

5. The state-recognized tribe envisioned by Act 195 is little more than a replacement for OHA as originally constituted before the Rice and Arakaki court decisions partially dismantled it -- a racially exclusive group of leaders elected by and handing out benefits to a racially exclusive group of members, where the benefits are taken from all Hawaii citizens of all races. But the tribe itself will be a state agency just as OHA has always been, not a private trust; for the same reasons discussed above regarding the Roll Commission.

6. Both federally recognized tribes (Akaka bill) and state recognized tribes (Act 195) are political entities which existed before the federal and state governments which recognize them came into being. First the tribes existed. Later the federal and/or state governments recognized them. But neither the Akaka tribe nor the Act 195 tribe ever existed historically, and still do not exist until the federal or state government creates them. The so-called Hawaiian "tribe" will be nothing more than an agency of the federal or state government, not a real tribe in any normal meaning of that word.

7. Conclusion: The flow of power and ownership from the State of Hawaii to the Act 195 tribe show that both OHA and the tribe are agencies of the state government. Likewise, the Akaka tribe would be a federal government agency, because it has never existed until the government creates it. For both the Akaka tribe and the Act 195 tribe, it would be unconstitutional for these government agencies to have racial restrictions on their officers, members, or beneficiaries.

HONOLULU – U.S. Senator Daniel K. Akaka (D-Hawaii) spoke today at the Council for Native Hawaiian Advancement’s 10th Annual Native Hawaiian Convention at the Hawaii Convention Center. Below are his remarks as prepared for delivery:

Aloha! I am so honored to join you today at your tenth annual convention. This is a very special convention because it also celebrates the tenth anniversary of CNHA.

I extend my heartfelt aloha to Robin Danner for her unwavering support and advocacy on behalf of the Native Hawaiian community.

Mahalo also to the CNHA staff, board of directors, member organizations, and the convention’s sponsors, including the Office of Hawaiian Affairs, Department of Hawaiian Home Lands, Bishop Museum, Hawai’i Convention Center, Hawaiian Way Fund, and Sandwich Isles Communications.

I am so pleased as I look across this room. This is the largest attendance in the history of this convention.
There are more representatives of Pacific island nations joining us than ever before. There are American Indians, Alaska Natives, and peoples from throughout the Pacific here today demonstrating our collaboration.

Much has been accomplished since this Convention began ten years ago.
I am so proud of everyone working on cultural and language education. The number of keiki learning the Hawaiian language continues to grow and the demand for immersion education is rising. Many of our keiki are now attending Hawaiian culture-based charter schools throughout the state.

In the past, there was a fear that the language and the traditions of our ancestors might be forgotten.
Now we know: this will never happen.
Our mo’opuna now have the opportunity to learn our language, culture, and traditions – alongside contemporary education curricula.
Our schools, our kumu, and our haumana, serve as examples for other Native peoples in the United States of America.

Earlier this year, I became the first Native Hawaiian ever to lead the United States Senate Committee on Indian Affairs.
I am proud to be the first Native Hawaiian Chairman and only the second Native person ever to lead the committee. The first was my friend Senator Ben Nighthorse Campbell, an American Indian.
My new role as Chairman gives Native Hawaiians a seat at the table.

Last week, I held the first Indian Affairs field hearing in Hawai’i since 2004. My mainland Senate colleagues sent their staff here to participate in cultural activities and site visits, gaining first-hand knowledge of Native Hawaiian people, our history, and culture to take back to Washington.

Every Native culture across our country is unique, but we share challenges and solutions. Our identities are built on our homelands. We can teach each other and move forward together.

Two of my top legislative priorities are the Native Hawaiian Government Reorganization Act and a bill to fix a flawed Supreme Court ruling, known as “Carcieri.”

My Carcieri Fix reaffirms the Secretary of the Interior’s ability to take land into trust for tribes, regardless of when the tribe became recognized. This is an issue of great importance in Indian Country.

And let me assure you, I remain fully committed to advancing the rights of our people — Native Hawaiians — to self-determination and self-governance. I will use all available opportunities to secure these rights. It may be a challenge, but I will not be deterred. It is pono – it is right – and it is our time. We have the support of other groups across the country, including American Indians, Alaska Natives, Asian Americans, and Pacific Islanders. We must work together toward a positive outcome.

The United States’ policy of supporting self-determination and self-governance for indigenous peoples has benefitted Native peoples across the country. With a similar government to government relationship, Native Hawaiians could access the most powerful tools in federal law to perpetuate our culture and our traditions.

For these reasons, the Hawai’i Congressional delegation re-introduced the Native Hawaiian Government Reorganization Act earlier this year. Federal recognition of Native Hawaiians’ right to self-governance is long overdue.

The power of self-determination is you. All of you, working together to solve our challenges and advance our goals. All of the great work you are doing in our communities is a clear expression of Native Hawaiians’ desire for self-determination.

This past July, I was so pleased that the State of Hawai’i enacted Act 195 into law, reaffirming the state’s recognition of the Native Hawaiian people and demonstrating the widespread support of all the people of Hawai’i.

I encourage everyone in our Native Hawaiian community to participate in this process, to work together and advance the collective will of our people.

Our Indian Affairs Committee field hearing on Maui last week dealt with barriers to economic development that often challenge us here in Hawai’i, such as our remote location, limited infrastructure and access to capital, and trust land status.
As an island economy, we must become more self-sustaining, produce more local resources, and invest in clean renewable energy.

All of the people of Hawai’i, Native Hawaiian and non-Native Hawaiian, must become more familiar with the sustainable land stewardship practiced by our kupuna: malama ‘aina and aloha ‘aina.
Who better to lead in these critical areas for Hawai’i's future than the Native Hawaiian community?

This convention moves our community forward. The attendees, educators and homesteaders, small business owners and government officials, are fostering relationships in meeting rooms, hallways, luncheons and breakout sessions. This is exciting, because this is only the beginning.

The theme of this convention: Community Leaders and Solutions – Where Success Happens! Lalawai Kakou – E Hana Kaiaulu! demonstrates that we, working together, will be the change necessary for our people. Lalawai Kakou – we are succesful, — E Hana Kaiaulu! - work as a community.

We are the most successful when we work as a community. Take all that you have learned this week and help facilitate that change.
The course has been set on our voyage together.
We all have the paddles, and must work together to guide the canoes in the same direction. Let’s all work to strengthen our island community, and to forever perpetuate the Native Hawaiian culture, language and traditions.

BY KENNETH R. CONKLIN, PH.D. -- In a news release on August 24, 2011 Presidential candidate Ron Paul announced that he has named Bruce Fein to be his senior advisor on legal matters.

The news release, copied below, describes Mr. Fein's expertise and distinguished record of public service.

Mr. Fein is a strong opponent of the Akaka bill. During 2005, when it appeared the Akaka bill was headed for passage in the U.S. Senate, Mr. Fein published several major essays opposing it. Those essays came to the attention of Arizona Senator Jon Kyl, who spoke about them on the floor of the U.S. Senate and obtained unanimous consent to republish them in the Congressional Record. Bruce Fein also wrote a detailed legal and historical analysis of both the Akaka bill and the 1993 apology resolution, which is repeatedly cited in the Akaka bill as its primary justification.

LAKE JACKSON, Texas– The Ron Paul 2012 Presidential Campaign announced today that constitutional and international law expert Bruce Fein will join the campaign as senior advisor on legal matters.

“Bruce Fein’s participation adds to our campaign’s already intellectual heft, enabling us to more broadly engage the conversation about constitutionality, civil liberties and the dangers to national security of an increasingly interventionist foreign policy,” said Ron Paul 2012 Campaign Chairman Jesse Benton.

Mr. Fein served as associate deputy attorney and general counsel to the Federal Communications Commission under President Ronald Reagan. He served as Research Director for Republicans on the Joint Congressional Committee on Covert Arms Sales to Iran, and on the American Bar Associations Committee on Presidential Signing Statements. He has been a Visiting Fellow for Constitutional Studies at the Heritage Foundation and an adjunct scholar at American Enterprise Institute. He has advised numerous countries on constitutional reform, including South Africa, Hungary and Russia.
Mr. Fein graduated from Harvard Law School with honors in 1972. He has worked in and out of government in Washington, D.C. for 39 years, and penned a weekly column for The Washington Times for more than two decades. He is a frequent witness before Congress.

Mr. Fein is the founding member of Bruce Fein & Associates, Inc., and is a principal of a public advocacy organization, The Lichfield Group.

He is the author of Constitutional Peril: The Life and Death Struggle for our Constitution and Democracy, and American Empire Before The Fall.

About his appointment, Mr. Fein stated: “I am honored to advance the Republican presidential aspirations of Ron Paul. He is the only candidate in the field who understands and practices the constitutional principles and philosophy of the Founding Fathers that made this nation a government of the people, by the people, for the people. He is the only candidate who knows that limited government and war are antonyms, not synonyms. He is the only candidate who repudiates aimless, endless wars at extravagant expense. And Dr. Paul is the only candidate that recognizes that the glory of a Republic is liberty, not domination.”

State of Hawaii Enacts Law Recognizing Native Hawaiian Self-Determination

Huge news in Hawaii!!!!

Here is the link to the pdf of the bill.
http://www.capitol.hawaii.gov/session2011/bills/SB1520_CD1_.pdf

And legislative history.
http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1520

Here is the governor’s webpage and video on the signing of the law. The text of the governor’s release:
http://hawaii.gov/gov/newsroom/in-the-news/governor-enacts-bill-to-further-self-determination-for-native-hawaiians

Honolulu –Governor Neil Abercrombie signed into law a measure that recognizes Native Hawaiians as the indigenous people of Hawai’i. Act 195 gives the Governor the power to appoint a five-member Native Hawaiian Roll Commission that will build the foundation for self-determination.

“This is an important step for the future of Native Hawaiian self-determination and the ability for Native Hawaiians to decide their own future,” stated Governor Abercrombie. “This Commission will put together the roll of qualified and interested Native Hawaiians who want to help determine the course of Hawai’i’s indigenous people.”

Act 195 starts the process that will eventually lead to Native Hawaiian Recognition. While in the U.S. House of Representatives, then-Congressman Abercrombie worked closely with U.S. Senator Daniel K. Akaka on moving the Native Hawaiian Government Reorganization Act, which was first introduced in 1999. In 2000 and 2007, then-Congressman Abercrombie successfully shepherded the legislation through the U.S. House of Representatives committees and won approval by the full House.

U.S. Senator Akaka, who is in Washington D.C., praised the bill signing stating: “The enactment of this bill is yet another example of Hawai’i’s ongoing desire to recognize the unique contributions and traditions of the Native people in our state. Native Hawaiian values shape our sense of identity, our sense of aloha for one another, and our sense of what is pono, what is just. This new law complements our efforts in Congress and demonstrates that the people of Hawai’i strongly support the right of Native Hawaiians to reorganize and perpetuate their culture and way of life.”

More than 150 people attended today’s bill signing ceremony at Washington Place this afternoon, including groups representing the ali’i societies and trusts; OHA trustees, Native Hawaiian civic clubs, and state lawmakers.

Governor Abercrombie has 180 days to appoint the five-member Native Hawaiian Roll Commission. The Commission will be responsible for preparing and maintaining a roll of qualified Native Hawaiians as defined by the Act. The roll is to be used as the basis for participation in the organization of a Native Hawaiian governing entity. The Commission is composed of five members, one from each county and one at-large seat. Once its work is completed, the Governor will dissolve the Commission.

“We recognize the special relationship to Native Hawaiians that is part of our public conscience, enshrined in our laws, and entrusted to our leaders,” Governor Abercrombie said. “With the signing of this bill, the State of Hawai’i is closer to the reorganization of a Native Hawaiian governing entity. As Native Hawaiians rise, all of Hawai’i rises.”

The Office of the Governor will announce the application process for consideration to be named to the Commission later this week.

** Comment by Ken Conklin: Turtletalk is a blog which zealously celebrates anything favorable to Indian tribes. But clearly the blog has a pace comparable to that of a turtle! It's now almost two months since the bill was signed! Act 195 was signed by Governor Abercrombie on July 6, and the period for submitting nominations for him to choose members of the Roll Commission has now also ended.

On July 6, 1887, 124 years ago, King David Kaläkaua, seventh ruler of the Hawaiian Kingdom, affixed his signature to the Bayonet Constitution. On July 6, 2011, Gov. Neil Abercrombie affixed his signature to SB 1520, SD 2, HD 3, CD1 as Act 195. The findings of Section 1 note previous state support for the Sovereignty Advisory Council, the Hawaiian Sovereignty Advisory Commission, the Hawaiian Sovereignty Elections Council, the Native Hawaiian vote, and the convening of the ‘Aha Hawai‘i ‘Öiwi (the Native Hawaiian Convention) along with passage of various legislative resolutions supporting Native Hawaiians as the indigenous people of Hawai‘i with the right to self-government.

Section 2 amends the HRS by adding a new chapter to be appropriately
designated and to read as follows: “Chapter NATIVE HAWAIIAN RECOGNITION -1 Statement of recognition: The Native Hawaiian people are hereby recognized as the only indigenous, aboriginal, maoli people of Hawaii. -2 Purpose: The purpose of this chapter is to provide for and to implement the recognition of the Native Hawaiian people … ” Section 3 of the Act establishes a five-member Native Hawaiian roll commission, appointed by the Governor, assigned two basic tasks relating to establishing a Native Hawaiian
enrollment. “One member shall reside in the county of Hawaii; one member shall reside in the city and county of Honolulu; one member shall reside in the county of Kauai; one member shall reside in the county of Maui; and one member shall serve at-large,” remaining silent on the issue of residency.

Over seven years, Native Hawaiians on the continent, inspired by OHA’s
outreach in partnership with the Association of Hawaiian Civic Clubs,
organized on the continent to express the voice of Native Hawaiians who live
away from the homeland. Unfortunately, Hawai‘i Revised Statute requires
Hawai‘i residency as well for the at large commission seat. It is my greatest
hope that Governor Abercrombie will receive wise counsel to seek out and
find that certain Native Hawaiian who meets Hawai‘i residency AND is equally
embraced by Native Hawaiians on the continent as their legitimate, credible
and trustworthy voice.

» Lei Kihoi, former staff attorney for Judge Walter Heen. Kihoi has served the Native Hawaiian community in various roles for more than 25 years.

» Mahealani Perez-Wendt, executive director of the Native Hawaiian Legal Corp. for 32 years before retiring in December 2009.

» Robin Puanani Danner, president and chief executive officer of the Council for Native Hawaiian Advancement.

The commission was established under Senate Bill 1520, signed into law earlier this year. It formally recognizes Native Hawaiians as "the only indigenous, aboriginal, maoli population" of the islands and supports efforts in Congress to gain federal recognition for Hawaiians, similar to that offered to American Indians and Alaska Natives. The commission would continue the effort at a state level regardless of whether that goal is achieved.

The commission is to prepare and maintain a roll of qualified Hawaiians who meet specific criteria. Qualified members must be at least 18 years old, be able to trace ancestry back to 1778, show that they have maintained their culture and be willing to participate.

Once the roll is finished, the commission would be required to publish the registry to start the process of holding a convention to organize a Hawaiian governing entity. The governor would then disband the commission.

The commission is funded by the Office of Hawaiian Affairs but is to operate independently of the agency.

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http://www.canadianbusiness.com/article/44158--native-hawaiian-roll-commission-members-announced
Canadian Business, September 9, 2011

Native Hawaiian Roll Commission members announced

By AP [Associated Press]

HONOLULU (AP) — Former Gov. John Waihee has been named as an at-large member of a commission responsible for preparing and maintaining a roll of qualified Native Hawaiians interested in participating in their own government.
He is to join four others named to the Native Hawaiian Roll Commission, Gov. Neil Abercrombie announced Thursday. Creation of the commission is the next step in allowing Native Hawaiians to establish their own government. In July, Abercrombie signed a bill into law formally recognizing Native Hawaiians as the only indigenous people of Hawaii.

Waihee, 65, of Honolulu, was the first Native Hawaiian governor, serving two terms from 1986 to 1994. In 1993, he created the Hawaiian Sovereignty Advisory Commission.

"Now is the time to unify as a people," Waihee said. "The belief in our nation building process is being realized. It has been a long time coming but today we have a renewed sense of confidence for our people and our future."
Naalehu Anthony, chief executive director of Oiwi TV and principal of Paliku Documentary Films, was named as the Oahu commissioner. Anthony, 36, of Kailua, is also director and executive producer of Ahai Olelo Ola, Hawaiian language news.

Lei Kihoi is the Hawaii County commissioner. Kihoi, 66, of Kailua-Kona, is a former staff attorney for Judge Walter Heen. She wrote and promoted legislation on Hawaiian issues.

Maui County's commissioner is Mahealani Perez-Wendt [formerly known as Mahealani Kamau'u], who was executive director of the Native Hawaiian Legal Corporation for 32 years. Perez-Wendt, 64, of Wailuanui, was the first Native Hawaiian board member for the Native American Rights Fund.

Kauai commissioner Robin Puanani Danner is president of chief executive officer of the Council for Native Hawaiian Advancement. Danner, 48, of Anahola, developed programs including the first statewide Native Loan Fund and the Hawaii Family Finance Project.

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** OHA press release sent by e-mail

OHA prepares for new Roll Commission

From: "Office of Hawaiian Affairs"

OHA prepares for new Roll Commission

HONOLULU (Sept. 8, 2011)– The Office of Hawaiian Affairs today offered its full support to the commissioners who have been selected by Gov. Neil Abercrombie to play a key role in the nation-building process for Native Hawaiians.

OHA officials expressed a continued desire to assist the new five-member Native Hawaiian Roll Commission, which will be responsible for preparing and maintaining a roll of qualified Native Hawaiians.

While the independent commission will be attached to OHA for administrative purposes, the OHA Board of Trustees has already approved $381,000 to fund the commission for operations and implementation of its new responsibilities.
“I am pleasantly surprised and pleased with the governor’s appointments to the Native Hawaiian Roll Commission,” said OHA Chairperson Colette Machado. “I also appreciate the thoughtful consideration that the governor is giving to help ensure the success of our efforts towards Native Hawaiian self-governance.”

OHA Chief Executive Officer Clyde W. Nämu‘o added: “We are committed to working with the Native Hawaiian Roll Commission and the Hawaiian community in moving this effort forward. We see this commission as a nice complement to our efforts to enable Native Hawaiians to create a better future for themselves.”

The commission was established under a state law enacted on July 6, 2011, which recognized Native Hawaiians as the only indigenous, aboriginal, maoli people of Hawaii.

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http://www.pr.com/press-release/358791
PRESS RELEASE

Conservative Republican John S. Carroll Announces U.S. Senate Run

On September 21st, 2011, John Carroll announced this run for the U.S. Senate from Hawaii as a Republican. Carroll was elected 5 times to the Hawaii State Legislature, had an extensive military career as a jet fighter pilot, an airline captain with Hawaiian Airlines and now practices law in Honolulu.

Honolulu, HI, October 05, 2011 --(PR.com)-- John Carroll announced this run for the U.S. Senate from Hawaii as a Republican.

Next year, voters will have an opportunity to balance a Hawaii congressional delegation that has been dominated by liberal Democrats.

“I have the experience needed to do this job and will bring a consistent set of conservative values that I share with so many of Hawaii’s people,” said Carroll in his press release.

“Our country has taken a turn in the wrong direction, and we need to restore a sense of shared values and national purpose.”

Carroll was elected 5 times to the Hawaii State Legislature, had an extensive military career as a jet fighter pilot, an airline captain with Hawaiian Airlines and now practices law in Honolulu.

John offers a practical brand of conservatism, and has been consistent on important issues:

In July, Gov. Neil Abercrombie signed Senate Bill 1520 into law, becoming Act 195. This act is the prelude to the Native Hawaiian Reorganization Act, also known as the Akaka Bill. We believe its true intent is to have the Hawaiian people agree to give up their rightful claim to their national lands, identified by the U.S. government as ceded lands. These are the lands of the former Hawaiian Kingdom – government, crown and public acreage.

“Although the Statehood Act retroceded these lands to the State of Hawaii, nearly 400,000 acres of what was originally Hawaiian government lands are still owned by the U.S. government,” according to a report from Sen. Dan Inouye in Dateline Washington from 1972.

“What we are dealing with here in practical terms is 1.8 million acres in ceded lands… and about 200,000 acres of Hawaiian homelands…” Gov. Abercrombie, then a member of Congress, told the Committee on Indian Affairs on June, 11, 2009. “This [Akaka Bill] has nothing to do with the U.S. Constitution… or race. This has to do with the assets, land and money.”

Through the passage of Act 195, the Hawaiian people approved the establishment of a Hawaiian governing entity that is controlled by the U.S. federal and state government.

This is similar to another piece of U.S. legislation, the Alaska Native Claims Settlement Act of 1971. By passing that act into law, the Alaskan people gave up ownership of 300 million acres to the U.S. government in exchange for federal recognition. This followed the passage of the Native Indian Reorganization Act of 1934, which also gave the U.S. aboriginal land title ownership to Indian lands in exchange for federal recognition.

“[For the Hawaiian people to receive] a cash compensation for extinguishment of the aboriginal title, similar to that provided in the Alaska settlement, would seem to be justified in light of the Alaska precedent,” reads Inouye’s report.

Remember U.S. public law 103-150, para. 29: “Whereas, the Native Hawaiian people never directly relinquished their sovereignty as a people or over their national lands to the United States, either through their monarchy, plebiscite or referendum.”

Act 195 is designed to have the Hawaiian people participate in a plebiscite that would give their right to sovereignty and their national lands to the U.S. government.

Don’t let this happen to us. Support the lawful Hawaiian Government and assist the reclamation of the national lands.

John Carroll welcomed today’s announcement by Linda Lingle that she will be running for the U.S. Senate in Hawaii’s Rebulican primary next year.

Carroll, who announced his candidacy last month, said, “I look forward to debating Linda on the issues that are important to Hawaii’s Republicans.”

An issue like the Akaka Bill, which many consider divisive and even “racist,” was actively promoted by Lingle. Another issue mentioned by Carroll’s campaign included the Jones Act, an archaic set of restrictive Federal shipping laws that raise Hawaii’s cost of living.

“Lingle had eight years, as our governor, to fight his unfair law that costs Hawaii’s people millions, and chose to do nothing.” said Carroll.

Hawaii’s Republicans have recently undergone internal turmoil, that some attribute to a power struggle between traditional conservative members and those more interested in the election of individual candidates regardless of any real ideological values. This primary campaign could become, according to Carroll, a very public debate over the core beliefs of Hawaii’s Republican Party.

“This primary will be about what we stand for,” added Carroll. “We call on Linda to debate us on the issues as often as possible, the people of Hawaii deserve to know what they are voting on.”

For a decade, longtime Hawaii Sen. Daniel Akaka has been trying to win federal recognition for Native Hawaiians. Year after year, Akaka has seen the bill that bears his name pass the House several times only to stall in the Senate due to Republican opposition.

Now, former Gov. Linda Lingle hopes to fill the seat being vacated by Akaka, the only Native Hawaiian to serve in the U.S. Senate.

But Lingle, if elected, could be serving in a Republican-controlled Senate come 2013, if some political prognosticators are proven correct. The House is already under GOP rule and likely to stay so.

So could the Republican Lingle accomplish what the Democrat Akaka has not been able to — passage of federal recognition of Native Hawaiians?

The 2012 election is expected to be close, and a candidate's position on the Akaka bill could be a factor. Lingle has stressed her bipartisan work on the bill as a reason to send her to Washington. A Republican senator from Hawaii who supports the issue could be just the one to convince her colleagues to finally pass the measure.

But does Lingle really support the measure?

Although she touted her work on Native Hawaiian recognition as an example of her bipartisan record when she announced her Senate candidacy last week, Lingle's record is much more mixed.

Lingle opposes the version of the Akaka bill that is currently before Congress — the one introduced by Hawaii's congressional delegation and approved by the U.S. Justice Department under President Barack Obama — all Democrats.

She also dropped her support of a 2010 version of the bill — and urged Republican senators to do the same — because the bill included language she did not agree with.

What Lingle Said

The Native Hawaiian Government Reorganization Act — more commonly known as the Akaka bill because he is the prime sponsor — would create a process for Native Hawaiians to gain federal recognition similar to Native American and Native Alaskan tribes.

The bill would facilitate the creation of a governing entity organized by Native Hawaiians who are able to demonstrate authentic ancestry. The Hawaiian government would be authorized to enter into negotiations on transferring lands, natural resources and other assets from the state.

Though the bill has passed the House several times, it has not made it out of the Senate because it cannot muster the necessary 60 votes to avoid a Republican filibuster.

Lingle believes her support for the Akaka bill is one reason she should be elected to the Senate. Here is what Lingle said Oct. 11 at the Pacific Club when she formally announced her campaign:

"As you know, not everyone in my party supports the Akaka bill for Native Hawaiian recognition. I do, I've been clear about it. I worked with Sen. Akaka very closely on that bill and in fact I was able to secure Republican co-sponsors of that bill — people who he couldn't get, but who I could go up and talk with and explain from a Republican point of view why this bill was the right thing to do, why it made sense for Hawaii's economy and for our people and indeed for the country. So, I really have good experience working across party lines."

Lingle makes the same point on her campaign website, in an issues section titled Bipartisanship: "[I] worked closely with Senators and Congressmen of both parties to sponsor and hold hearings on the Akaka bill for native Hawaiian recognition."

Civil Beat emailed the Lingle campaign Tuesday asking to speak to the candidate directly about this issue. Lingle did not respond and her campaign staff directed inquiries to her former attorney general, Mark Bennett.
An earlier email seeking to clarify which version of the Akaka bill she supported drew a response from Russell Pang, who handles media relations for the campaign:

"In Governor Lingle's remarks last week, she was referring to an earlier version (S. 147) of the Akaka Bill."

Pang also included information that identified Republican senators who Lingle had lobbied for the bill's passage, stating that it was at "the request of Sens. Inouye and Akaka who sought Governor Lingle's assistance in reaching out to Republican senators. ..."

A spokesman for Akaka told Civil Beat, "Senator Akaka appreciates the way Governor Lingle worked with the Congressional delegation to advance Native Hawaiian recognition, and was thankful for her support during the time she supported the legislation."

What Lingle Did Not Say

The 2010 version of the Akaka bill was introduced in both houses of Congress in May 2009. In December of that year the bill was amended to include language approved by the U.S. Justice Department.

Lingle and her attorney general, Mark Bennett, strongly opposed the language. They argued that a Hawaiian governing entity could be "almost completely free from state and county regulation" and may have "almost complete sovereign immunity from lawsuits."

On March 24, Lingle sent a letter, as reported by The Honolulu Advertiser, to U.S. senators urging them to reject the bill:

Lingle also sent a letter to U.S. Sens. Daniel K. Inouye and Daniel Akaka informing them of her letter to their colleagues.

"I truly regret that we were unable to reach an agreement on acceptable language for the bill," Lingle writes.

By July, Lingle and the Democrats resolved their difference, bolstering chances that the bill would pass. Lingle again wrote to senators, this time asking them to pass the bill.

But by then it was too late. The Akaka bill did not get a vote that year. It might even have passed; the Senate was at one point comprised of 57 Democrats, 41 Republicans and two independents who caucus with the Democrats — a near supermajority.

A new congress was sworn in in January 2011.

In late March, Akaka introduced a new version of his bill in the Senate, while Reps. Mazie Hirono and Colleen Hanabusa did so in the U.S. House.

A press release from Akaka's office included statements of strong support from Sen. Daniel K. Inouye and Gov. Neil Abercrombie.
http://akaka.senate.gov/press-releases.cfm?method=releases.view&id=66dc8f8c-9f3a-4ddb-b89d-7e7329758c44

The bill is the same version of the bill that Lingle and her attorney general so strongly opposed in early 2010.
http://www.civilbeat.com/articles/2011/03/30/10026-new-akaka-bill-ignores-lingle-concerns/

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** Ken Conklin's online comment

I'm politically conservative on most issues, and therefore usually vote Republican.

But if Linda Lingle becomes the Republican nominee for Senate, I will encourage everyone to vote for whatever Democrat is running against her. (By the way, this same comment also applies to Charles Djou's candidacy for the House). Here's why.

I believe the Akaka bill is the most dangerous piece of federal legislation that has ever threatened the State of Hawaii. It would permanently rip apart the people and lands of Hawaii along racial lines.

Lingle pushed the Akaka bill as hard as she could throughout her entire 8 years as Governor. She repeatedly flew to D.C. to testify for it and lobby for it.

Even during the short time she opposed one particular version of the bill, she always strongly supported the fundamental concept of all versions of the bill; i.e., that ethnic Hawaiians should be given authorization to create a race-based government which would then be given money, land, and jurisdictional authority taken from the shrinking State of Hawaii.

As a Republican she will be much more able than any Democrat to persuade her fellow Republicans to stop blocking the Akaka bill, which they have been doing for 11 years.

The Republicans in the Senate will simply ignore a Democrat (especially a far-left radical like Hirono) telling them to vote for the Akaka bill; but they might go along with a fellow Republican. That's why Lingle must not be allowed to win election to the Senate.

I'm confident the Republicans will take control of the Senate with or without Lingle. Therefore I urge people to vote for the Democrat nominee if Lingle gets the Republican nomination. I really don't like the leftwing Democrats Hawaii keeps sending to Congress. But any of them will be better than Lingle (i.e., less capable of successfully harming Hawaii) on this single issue which is more important than all other issues combined.

The only way Lingle MIGHT be able to get my vote is if she makes a solemn pledge to amend the Akaka bill by including a provision that would force our political establishment to allow a binding, direct vote on the Akaka bill by Hawaii's people in a ballot referendum. The Akaka bill currently forces a huge unfunded federal mandate on the people of Hawaii. The revised Akaka bill I envision would be an offer from the federal government, which Hawaii's people could accept or reject in a referendum, just as was done with the Statehood vote in 1959. The feds did not force Statehood down the throats of Hawaii's people and did not trust the Legislature to make the final decision; and that same reasoning should apply to the Akaka bill.

To prevent devious politicians from fooling around with wording of the ballot question, here's the language I propose for an amendment to the Akaka bill -- an amendment which Lingle must solemnly pledge to insert into the bill before I could vote for her:

"Nothing in this legislation shall have any force or effect until such time as the people of Hawaii approve this legislation by a yes/no vote on the ballot in a general election, according to the same rules under Hawaii law for approving a state Constitutional amendment. The ballot question must be worded as follows: 'Do you approve of S.1234 [whatever the bill number is] passed by the 113th Congress, commonly known as the Akaka bill?'